Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Divorce/separation

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

Does divorce settlement take new partner/pregnancy into account?

30 replies

Orangemochafrappacino · 02/08/2021 18:08

Posting for a friend.

Does anyone know if a judge will take a new partner into account when agreeing a divorce settlement? Friend is part way through a messy divorce (1 DD) and finances havent been worked out, shes pregnant with her new partner and they want to move in together but is worried she wont get as much in the divorce if she declares everything.

Anyone got any experience? Thanks

OP posts:
vivainsomnia · 03/08/2021 08:51

Op, She is grabby, whichever way you try to turn things around. The whole 'she has a DD to look after so she deserves more' is a lot of rubbish. Unless the child has severe disabilities, she has the option to work and support herself. If she decides to be a SAHM because of her new baby, that's nothing to do with her ex.

I really can't imagine anyone in these circumstances genuinely believe they deserve more than 50% of the share, unless they really just want to get as much money from the ex as possible to suit their new lifestyle.

Orangemochafrappacino · 03/08/2021 10:27

I'm sure she has gone through the CSA but they dont seem to be very effective at making him pay - it sounds like he is telling fibs about his income to be honest but I dont know the full details.

@vivainsomnia she does work? She never earned as well as her ex, in part because she has picked up most of the childcare since they had their DD, she never could have worked the hours he has to climb the career ladder without DD being negatively impacted.

If they didnt have children I could understand 50/50 but shes been left doing EVERYTHING with less earning power hence wanting 70/30. Was just wondering whether the new partner made any odds to that or not.

Thanks for all the replies though I'm feeding them back!

OP posts:
vivainsomnia · 03/08/2021 13:51

shes been left doing EVERYTHING with less earning power
But that was her choice. Many single women with young children work FT in a career job, let alone married mums.

How long did they own the home and how many years was her income reduced due to looking after her DD?

Yes, the partner will make a difference because she has a mean to get decent accommodation for her and her DD. Whatever choices she made with her career etc... is not going to make a difference.

RedMarauder · 03/08/2021 14:16

As they are dragging proceedings out by arguing about finances she is likely to either have given birth or be heavily pregnant before it is all done and dusted, so how is she going to hide that she has a baby with someone else from the judge or legal counsel?

If they are in dispute over finances then the fact she has had a child while not divorced will be bought up as legally that child is presumed to be her husbands. He would then need to provide for that child and as he isn't the child's biological father he will rightly kick up a stink to not do so.

So your friend needs to tell the truth.

RedMarauder · 03/08/2021 14:21

it sounds like he is telling fibs about his income to be honest

The CMS - it is the CSA has been defunct for years - will use his last years tax records. However if he is self-employed or gets bonuses then his earnings for the last year will likely have gone down due to Covid.

Also many partners think their ex earns Y when in fact they earn X due to how they earn their money.

(I say partners as I know women caught out by this.)

New posts on this thread. Refresh page