Will ex be expected to get a job?

[regrettablerita]

Starting divorce proceedings. Ex is 59, I'm a few years younger. He took early retirement last year and drew down his pension. Is refusing to get another job or retrain or look at jobs less than the level he was previously at.

Meanwhile, I retrained and got a new job in a different albeit more stressful field.

Will the Court take this into account? It just feels very unfair that one party can choose to sit on his arse all day whilst the other works full time and is the primary childcare. Our 'incomes' are roughly the same.

He's not going to be forced into work no.
Child maintenance is taken out of wages, perhaps get some of his pension in the divorce or higher equity of any property?

If he can afford to retire what does it matter if he's working or not? How old are you exactly, and how old are the children? Maybe he will be able to do more of the childcare as he's retired?

No if he’s retired he won’t be forced to look for work. You’ll be entitled to child maintenance from whatever pension he receives and are likely to be granted a higher level of equity from your home, that’s it.

Realistically he retired whilst you were still cohabiting as a family so you and the kids were only going to have his pension for support. The courts won’t force him out to work again just because you’re divorcing him.

How old are the children?

It’s what plenty of divorced women do (although obviously not all).

If he gets roughly equal income from his pension why does he need to work? You don’t say how old you are, but retiring at 59 isn’t exactly early for people who’ve made good pension plans for themselves.

He retired after we separated so as to pay less cms (in 2019).

My pension suffered due to supporting his career and childcare. His pension by contrast accrued significantly in that period. He climbed the dizzy heights of his career in part due to my being a SAHM.

However, as a result, I'm desperately trying to make up my pension now while he's able to retire. We're similar ages.

Isn't there an expectation re him maximising his earnings potential?

You can make a claim against his pension in the financial split - either offset and get higher equity / other assets or go for a pension sharing order

The key thing here is to ensure a fair split in the settlement

But they’ll also expect you to work and build up your own pot taking your age into account

They can't force him to work.how old are the dc? At least you were married and can claim off his pension.
This is why it's so important to consider these things before becoming a sahm. I'm not saying you did anything wrong, hopefully when the division of assets comes you'll be given more to make up for the pension shortfall. They might however if he's now primary carer suggest you pay cms to him depending on the split etc.
Are the dc with you now in the marital home?
You need legal advice as each case is different. They may argue if you're much younger that you have more earning potential.

Get some legal advice.