Always 50/50 Split?

[funnylittlefloozie]

My ex-H and i are currently divorcing. We were married for 18 years, before separating 4 years ago. Our DD is 16, about to embark on A-levels; she lives with me and sees her dad about twice a month.

Obviously we will have to come to some arrangement re the division of assets. ExH is a high earner in IT, but is financially incontinent and has minimal pensions. I earn a quarter of what he does, but have a teaching pension (not massive).

Will i have to divide my pension with him, given his much greater earning potential? Is it likely i will get more than 50% of the equity in our house, given that our DD will be 18 in 18 months?

The short answer is no, it's not always 50/50.

You really need to speak to a solicitor (I would say that, wouldn't I?) and given the pension aspect it's really important you speak to someone who is a specialist in matrimonial finance. Pensions, especially final salary schemes like yours, can be a minefield and are now a big source of negligence claims against non-specialists who have tried to dabble in this area. If you can't get any recommendations locally try having a look at the Member Search at Resolution (www.resolution.org.uk/findamember/) - nearly all family law specialists are members and they are (notionally at least) committed to resolving family disputes in a non-confrontational way.

Before you do so, if you want an accessible explanation of what the law looks at when dividing finances on divorce you will find it hard to do better than the AdviceNow guide to finances on divorce which can be downloaded free at www.advicenow.org.uk/guides/survival-guide-sorting-out-your-finances-when-you-get-divorced.

Hope that helps.

@ModernDivorceLawyer thank you for that link very very helpful for me and my situation