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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.

Who gets the money?

17 replies

Rubyrecka · 23/07/2021 09:21

Recently had some news that a friend is leaving her husband for another man.

For all of their marriage Her DH has paid for absolutely everything- all the mortgage, bills, food, even paying for her petrol. My friend is in full time employment and all of her wages is her own disposable cash.

If she's not contributed financially in anyway will the spit of assets still be 50/50? They've been married for 15 years with 2 kids over the age of 10 and looking for 50-50 joint custody.

OP posts:
maxelly · 23/07/2021 09:53

50:50 will still be the starting point despite the disparity in earnings, yes - the basic view (which of course has lots of 'ifs and buts', caveats etc.) is that a marriage is a partnership and everything within it is shared, the lesser earning partner usually has contributed more in other ways such as doing the lion's share of the raising of children, but even if not and one party earns much less purely through ill-fortune, ill-health or is just lazy or a gold-digger or whatever, that's the choice of both parties to be in a marriage with that financial disparity... that being said if it came to court as opposed to them agreeing between themselves, the judge would look at the entirety of their circumstances to come up with a fair split which could end up being different to 50:50 in either party's favour, so it's very hard to say without more details on their exact financials e.g. value of their home, value of other assets, income of both parties, house-prices and cost of living in the part of the country they live in. For instance it's possible if some of the assets were the DH's before the marriage he could be allowed to keep them rather than sharing, but in a long marriage probably unlikely.

They will also need to look at both their housing needs, particularly as they have 2 children and are looking at joint custody, so they both need suitable accommodation to house the children on 'their' time - if the wife doesn't earn a high salary she may not be able to get a large mortgage for instance, so may need more capital to fund purchase of a suitable property, or there could be an order for her to keep the former marital home, possibly with him continuing to contribute, and then it to be sold once the DC are grown and proceeds split at that point - but then again he will also need to house himself suitably too so in for instance a scenario where there is a very large/luxurious family home that takes up nearly all the parties' capital, the order could be it needs to be sold now and equity split so both parties can buy a smaller 2-3 bed house to house themselves and children. Don't forget both their pension funds are notionally in the 'pot' too so if his is much higher than hers due to higher earning, he could possibly have to give her slightly more of the cash assets such as equity in the house or savings to compensate.

Divorce is an expensive old business unfortunately and whether you're a billionaire or on the breadline, the usual outcome is both parties end up feeling financially hard done by and living a less nice lifestyle than before, it's kind of inevitable when you go from sharing everything to having to fund 2 separate lives Sad.

That being said, the parties should absolutely both take individual legal advice and try and sort out a fair settlement without having to resort to court which will both save them money and a fair amount of hassle and stress, helps keep things amicable too which is a very good thing for the DC if nothing else!

millymollymoomoo · 23/07/2021 10:23

Doesn’t matter who paid what or the reasons for the marriage breakdown

All assets are considered joint generally ( unless ringfenced ) the split will depend on needs, housing the children and putting both parties on an ‘equal’ footing

Both will need to seek legal advice

Vetyveriohohoh · 23/07/2021 10:25

Doesn’t matter who paid for what, starting point for any asset split will be 50:50

Rubyrecka · 23/07/2021 11:30

They will also need to look at both their housing needs, particularly as they have 2 children and are looking at joint custody, so they both need suitable accommodation to house the children on 'their' time

This is the odd part.

She's renting a 2 bed apartment which is considered 'luxury' rather than looking at a small house with a garden for the same she's paying now for her kids. I honestly think she's going through some kind of crisis.

OP posts:
Fullofglee · 23/07/2021 11:37

You sound like a shit friend op. Are you expecting her to get zero money because she had an affair. Factor I the fact she's had two lots of mat leave and women's careers tend to take a hit when they have children in comparison to their dh. Your post screams of judgement.

maxelly · 23/07/2021 11:46

Well that's up to her though, yes a garden is nice for kids but lots of children don't have one and arguably once they're in their teens inside space becomes more important than space to play outside anyway.
Similarly plenty of kids are brought up in 2 bed flats and have to share a bedroom with their siblings and (contrary to common MN belief) aren't traumatised for life as a result. It's not like she's living in a squat or a bus shelter and claiming that's a suitable environment for her children. It's not what you would have done maybe but perhaps she felt the need to clear out of the marital home quickly and this was what was immediately available to rent in a suitable area (not always that easy to find furnished family houses to rent), maybe it's a mid life crisis and she felt the need for a bit of luxe, maybe she's just plain selfish, who knows. It's rented anyway so once the divorce is through and she knows where she stands financially she'll sort out more suitable housing. I wouldn't interfere if I was you, if she really is a good friend then just support her non-judgementally?

pointythings · 23/07/2021 16:26

You don't like her much, do you?

The law is as it is. Life isn't fair. As long as what happens is what works best for the kids, that's the best outcome. Gardens aren't everything.

IveGotASongThatllGetOnYNerves · 23/07/2021 16:29

Courts don't fine you for cheating. 50/50 will be the starting point but I'm sure the lawyers will haggle

YankeeDad · 23/07/2021 16:44

@Fullofglee

You sound like a shit friend op. Are you expecting her to get zero money because she had an affair. Factor I the fact she's had two lots of mat leave and women's careers tend to take a hit when they have children in comparison to their dh. Your post screams of judgement.
SERIOUSLY?

If this were a guy leaving his wife and two kids for another woman and renting a "luxury" 2-bedroom place after having kept all of his income as "disposable" while his working wife had paid for all the living expenses, then the acidity of the replies would be burning a hole right through my screen.

Yes of course it will be legally justified for her to get 50 percent of assets if not more, and perhaps also additional financial support in case her earnings power is less than her STBXH's (the OP hasn't actually told us that -- maybe she actually earns more!), but isn't it just a little bit much to call the OP a "shit friend" for sounding as though she finds this somehow not quite right?

SeasonFinale · 23/07/2021 16:56

"If this were a guy leaving his wife and two kids for another woman and renting a "luxury" 2-bedroom place after having kept all of his income as "disposable" while his working wife had paid for all the living expenses, then the acidity of the replies would be burning a hole right through my screen.

Yes of course it will be legally justified for her to get 50 percent of assets if not more, and perhaps also additional financial support in case her earnings power is less than her STBXH's (the OP hasn't actually told us that -- maybe she actually earns more!), but isn't it just a little bit much to call the OP a "shit friend" for sounding as though she finds this somehow not quite right?"

Depends really she may earn £20k a year and he may earn £150K a year and therefore it was easier for him to let her keep her earnings as her spending money.

Her new partner may be paying the rent for the new apartment which is rented. Maybe she needs an actual payout from the divorce before she can start looking at purchasing a new family home.

She has 2 kids who can presumably share a bedroom.

I am unsure why you are feeling that the DH is so hard done (other than the obvious distress of a marriage break up).

Sssloou · 23/07/2021 17:01

Are you the STBXH?

Why is any of this of any concern to you personally?

There is a legal system which sorts this out day in day out for thousands of couples. I am sure your “friend” can access info herself.

Rubyrecka · 23/07/2021 17:02

This reply has been deleted

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Bollindger · 23/07/2021 17:04

If the DH has been keeping his employed wife and paying for everything, then he will have more disposable income.
The house may well be split slightly in favour if the wife, but 50/50 on the children should mean the man has to pay no maintenance .
The wife's assets will be part of the calculations, as will all cars and any debts, she won't be able to avoid them.
Where she rents is up to her, it will just use up her savings if it more than her income.
But she will notice the bills as daily living costs money and her stbe has paid them in the past.
So I think it will be the ex who finds himself in a better position.

Pebbledashery · 23/07/2021 17:24

Are you not concerned your friend might see this thread about her?

IveGotASongThatllGetOnYNerves · 23/07/2021 19:23

That's fucking rude.

Rubyrecka · 23/07/2021 20:09

@IveGotASongThatllGetOnYNerves

That's fucking rude.
What is?
OP posts:
PicaK · 23/07/2021 20:17

You need to rethink this.
They were a legal entity. As such they had a total family income coming in - some via his wages and some via hers. A proportion of this paid living costs and a proportion they each spent as they saw fit. She "paid" bills etc just as much as he did.
So yes the split should be at least 50/50. Possibly tho a bit more for her if the two of them are to start afresh on an equal footing. As on his higher wage he can get a bigger mortgage than she can.

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