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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

Husband’s bonus

50 replies

StarlightSparkle · 06/01/2019 06:25

My husband and I have separated but I haven’t yet filed for divorce. He is due a bonus in July so my question is, would that be split if we are still going through the process (which is most likely) or would income received after divorce has been initiated not count as a marital asset?

OP posts:
Weenurse · 06/01/2019 06:59

No idea, I would think that it is earned post split so not part of assets. Suggest legal advice

MarieG10 · 06/01/2019 08:24

It will always be included as an asset in the Form E as part of the total out but he could argue it was acquired after separation. What's more likely is he would spend it?

Kikipost · 06/01/2019 08:25

My ex has big bonuses

Year 1 I received 40%
Year 2 20%
Year 3 10%
Year 4 0% (although he’s kindly going to give me 10% towards new car)

Kikipost · 06/01/2019 08:26

Post divorce that is

Soontobe60 · 06/01/2019 08:27

Why do you think you should get half his bonus after you split? If you won the lottery in July do you think he should be entitled to half?

bengalcat · 06/01/2019 08:29

No idea but I’d ask my solicitor - if he’s any nous he’ll be asking his and if he has to divide it may consider deferring receiving it or having it at all until al is done and dusted so to speak

Original poster
StarlightSparkle · 07/01/2019 06:40

I don’t necessarily think it should be split but I’m hoping for a much bigger share of the house equity as he earns 6 times what I do. If he is getting that bonus, I wondered if I can argue that he can use that for a deposit on a house so needs less of the equity. He has a 6 figure salary so can afford a big mortgage whereas I am very low paid so can only get a tiny one.

To get a decent house on this area i’d need to get 80-90% of the equity but I don’t know how realistic that is. Maybe if I give up all rights to his final salary pension.

OP posts:
knittedjest · 07/01/2019 06:43

80-90 percent?

You're dreaming mate.

surlycurly · 07/01/2019 06:46

You're not entitled to it by law I think. You can negotiate it against a pension share obviously but any money he earns post split is nothing to do with you.

Justanothermum95 · 07/01/2019 06:51

My mum has just finalised her divorce and they have been sepated for 6 years. She is being bought a house by a family member but couldn't do that before the divorce was finalised because he would get half of it.

Everything is normally split 50/50 but I would say morally that's his bonus and I personally would not ask for half. Your better off trying to split everything yourselves as you can take personal circumstances into consideration.

FixTheBone · 07/01/2019 06:52

Sounds like you're about to have a very expensive and protracted negotiation / wrangling.

Id strongly suggest trying to negotiate something you're both happy to accept and pay a lawyer to formalise it.

With such a discrepancy in earnings if it goes down to acrimonious legal battles, you're going to get shafted.

Original poster
StarlightSparkle · 07/01/2019 07:10

I know 80-90% is a lot and realistically I’ll probably get less but I thought the assets were split based on needs? We both need a 3 bedroom house (2 young DC, different sexes) and I’ll be RP. He can afford to buy one on his salary but I literally couldn’t even buy a flat if I only had 50% of the equity (round here the cheapest flat is £350k).

He has 3 different pensions and they are all good ones whereas mine are very small so I’m hoping to negotiate on the basis of taking nothing from his pension. Maybe I am dreaming, I don’t know! It’s either that or I stay in our current house but although I can just about cover the mortgage payments and bills, I can’t afford to buy him out.

OP posts:
Justanothermum95 · 07/01/2019 09:20

Laws are different depending on what country your in so it may well be - most lawyers offer a free hour you may be able to get a better understanding from them :)

bengalcat · 07/01/2019 11:45

If you’re sure your marriage has broken down and one of you will be filing for divorce then I’d suggest you make an appointment to see a solicitor . As you may already know there are only five grounds / reasons under which a divorce may be granted in the UK and you only need to satisfy the court of one . Once you know if you go ahead which ground would apply then the solicitor can give you a timescale and the whilst awaiting confirmation of full financial disclosure from both of you can give you an idea of how you can divide your assets . As I’m sure you appreciate randomers online are just that .

NorthernSpirit · 07/01/2019 11:50

You say ‘a decent house in this area would mean i’d need 80 - 90% of the equity’.

That’s a want not a need.

If you have children you will BOTH need appropriate accommodation to house the children in.

You could potentially negotiate a mescher order so that you stay in the house until the youngest is 18, but you would be responsible for the mortgage, upkeep of the property and all bills. IMO mesher orders only prolong the enevitable. You can’t afford to buy him out now and the problem will only be worse in years to come when your lending capacity will be less.

Your posts sound a bit grabby.... your asking will you be entitled to part of your EH’s bonus after you split, you want 80 - 90% of the FMH equity. If this goes to court you’ll spend £000’s on solicitor and barrister fees. Better to agree between you if you can.

No one wins in divorce. Both are worse off and have to make adjustments.

NameChangeNugget · 07/01/2019 11:53

If you are in the Uk, you may have to readjust your expectations

MissMalice · 07/01/2019 11:58

It should be included as part of child maintenance calculations.

MissMalice · 07/01/2019 12:01

As should the financial gain of other benefits such as company car or health insurance.

Pootlebug · 07/01/2019 12:03

A lot depends on how much his (and your) pensions are worth. The split is on total assets, and you may get more than 50% due to disparity in earnings.
You need to make sure you have actuarial valuations for the pensions. They could be worth more than the house....in which case given that he can raise a deposit via bonus and pay a significant mortgage your hope for the majority of the house might not be so unreasonable. You need to think about your retirement too....pension sharing orders can be made too.
Fwiw my ex earns 6x my salary. I got 53% of assets, but because he kept bigger pension entitlements I got a higher proportion of the house equity.

anotherfail · 07/01/2019 12:03

I negotiated 100% of equity which was offset against my half of exH huge pension. Same argument as you as he is a high earner and I am not. So perfectly possible if he's willing to agree it.
You need to see a solicitor.

Kikipost · 07/01/2019 12:41

Op

I got 100% of equity in house (about £350k and he kept 100% of his pension (£340k. We paid for a pension forecast report)

Kikipost · 07/01/2019 12:43

Your posts sound a bit grabby.... y

And what the heck is wrong with that??

She’s with a very high earning husband and she will be The resident parent

Original poster
StarlightSparkle · 07/01/2019 20:16

Good to hear from people who have ended up with a bigger share of the equity. Gives me hope!

Maybe I do sound grabby but he had an affair and ruined our lives so I’m not exactly feeling very charitable towards him right now.

OP posts:
2018anewstart · 07/01/2019 22:17

I am going through exactly the same situation. High earning husband with bonus. My advice is get his pension valuation. They can sometimes be worth as much as the house. I have been advised a 60/40 split is achievable plus possible spousal maintenance. I am getting everything I can not for me but for our children. My husband also had an affair and whilst I have lived frugally he lives a life of luxury. I just want to be able to keep a roof over my childrens head.

2018anewstart · 07/01/2019 22:19

Also for child maintenance calculations the bonus will be included.