Marital Payments?

[BamBam39]

Posting on behalf of my partner. He's finally getting round to divorcing his ex and is very confused about the money side of things, he's going to arrange to see a solicitor to get some advice but in the meantime is worrying himself sick about money so thought I would try to ease his mind a little......hopefully!
He was married for 22 years, they have 3 children, 14, 17 and 21 yrs old. All live with him, but occasionally stay with her, I would say one or two nights every 2 weeks at the most.
She was a SAHM by choice, although studied and got child care qualifications during there marriage. He wanted her to get a job when the kids started school full time but apparently the jobs she got, she quit after a few weeks/months cause she didn't like them, meaning he had to work 3 jobs to try and make ends meet whilst also studying to gain further qualifications.
Now they have split, they sold the marital home and split the equity 70/30 in her favour and also bought her a car.
He invested his equity in buying a new house where he lives with all 3 kids. She lives in a rental property as she feels she would be unable to get a mortgage due to her earnings, she now works full time earning approx £15k per year, he is self employed earring approx £40k per year. She pays no maintenance towards the kids but occasionally takes them for a hair cut or buys them a pair of trainers etc, and does some of the running around picking them up from friends, taking them to swimming lessons etc but largely my partner does everything.
He thinks he will have to top up her salary in payments per month so that it's equal to his. I don't feel that's right.
Can anyone advise what he would have to pay for? If u need any further info, let me know. Thanks in advance!

I'm no expert but have read enough threads on here to say that as the children are with him more than 50%of the time she may in fact have to pay him maintenance, regardless of their respective salaries.

He need advice from a solicitor.

I also don't understand why she had bigger split of house equity when he is the one housing the DC.

I'm not an expert, but I really don't think he should have to top up her salary. She lives on her own, and if her wages are below what she needs, she could apply for working tax credits (if she qualifies through low earnings - also not an expert on that). Given what they have already done with regards to finances and she got the lions share of the equity, whilst he re-housed his own children and has looked after them, why would she need more money? The children are the priority, especially the 14 year old. Whilst I admit that he earns more, she got more ££ from the split and that would be taken into account. If she's blown all the money on whatever, that is not his responsibility. I will say again, I'm no expert, and this is just my opinion.

If he has documented evidence to prove the amount she got from the split, he needs to get that in order because it will help him in the long run. I believe the starting point is who needs what. Based on the fact that the children lived with him he should have got more, in my opinion. Who put what money into the marriage is irrelevant in a relationship of that length.

And, from what I've been told, spousal maintenance is very rare these days.

Thanks for the responses.
He gave her more money because their first house was bought with £25k given to them by her parents. So he gave her that money back plus half of the equity. He recognised that she didn't have the earning capacity that he had currently so wanted to make sure she would be ok initially.

Unusual situation.
Could inquire about who gets any Child Benefit, as that should be HIM (as main carer) but I suspect could be HER (offered the forms to complete).
If they can agree a fair settlement that would save costs compared to a lengthy battle between lawyers.
As it stands, the divide of equity may be all that is needed to satisfy a court. She should be paying some child maintenance; unlikely he needs to pay her, and particularly if he's the main carer to 3 kids. Though of course he could decide to do whatever he likes, particularly in the short run during the transition.

He needs legal advice.

The fact that the children live with him mean that she should be paying maintenance.

As far as spousal maintenance is concerned - he needs legal advice, but it’s extremely rare nowadays and women are expected to find themselves.

My OH’s EW tried to claim SM. They had been married for 9 years and by the time of the divorce finances she hadn’t worked for 11 years. She wanted to claim £9k a year for 11 years (until the youngest child was 18). It was laughed out of court by a judge and she was told by the judge to get a job and start funding herself.

40K a year will not go far if he is running a house and has 3 kids to look after. He should receive the child benefit.

Even though wife earns less she should pay maintenance to kids father as he is main carer.

Spousal Maintenance unlikely in my opinion as wife got largest share of assets and is not the main carer of the 3 kids. Plus she has a job.

She wanted to claim £9k a year for 11 years (until the youngest child was 18). It was laughed out of court by a judge and she was told by the judge to get a job and start funding herself

My ex wanted over £3k per month for life. Even her own Solicitor said it would not happen. Judge asked for proof that she actually needed that amount and how she had been able to get by so far without that amount. Answer was:

"I think he is lying about his income"

Judge replied:

"Maintenance is based on need not greed" and referred to the Pritchard "get a job" ruling made in 2015

I can understand why she got half the equity plus the £25k her parents had given for the house in the first place - fair enough although on the final financial calculations that can be classed as family money so £12500 to your ex tehre perhaps but on the other hand she earns less so may be that was a fair capital spilt.
Next issue is whether she will get spousal maintenance with no children live with her. Probablly so try to make sure the final financial order is a "clean break" so she cannot claim more later, not even 1p a month maintenance for her.

She should then pay something for the children as she is not the resident parent and I would suggest including a clause she also pays her contribution even through to university stage. he should get the child benefit.

As she just earns £15k a year I would probably not bother collecting child maintenance from her but have it assessed at something nominal for now and she can use that for when she buys them trainers etc.