Working part time - financial settlement?

[Bluerainbow86]

DH is a high earner - £160k plus including bonuses.
I’ve not long gone back to work now dd is at school and pandemic delayed me a bit, part time, approx £15k a year.
Was this the wrong thing to do?
We’ve not officially split yet but it’s likely.
I’ve no savings. I’ve no pension. I’ve no access to any money apart from what I earn and the few hundred pounds DH has always transferred to me as an ‘allowance.’
I’d be the one to leave with the dc so would have to rent. I could pay all the rent up front for a year thanks to my parents and according to letting agents this would be accepted by landlords.

Don't leave the house. It's really important that you stay there until you have a settlement.

You haven't said why you're splitting, but if you are amicable you need to stay put until you sort out how you're splitting finances and how you and the children will be supported.

I won’t be able to stay in the house and he won’t leave.
I’ve no other option unfortunately.

Get an occupation order. You need to do that for your children. I've been in your position and you need to start with really good legal advice and then work from there.

I assume he's abusive and/or controlling if you say "he won't leave". Try Women's Aid for more advice and support.

He will say it’s his house. It’s not in his interests to leave.

If.you leave, and get a rental or move in with family, you will be considered by the court to be rehoused.

DO NOT LEAVE.

Is he your husband or partner?

Husband, long marriage.
I believe that even if we left the house I’d still be entitled to half of it.

@Bluerainbow86

He will say it’s his house. It’s not in his interests to leave.

You need to stop caring about what he says, and get actual legal advice. If you're married, you have an equal claim to the value of the house.

The courts will prioritize the needs of your children, not what your husband says.

Mine was saying the exact same thing, turning out to be a total different story....do your research, talk to a solicitor and stay put unless theres a risk of danger....remember that after a long marriage regardless whose name is on mortgage or who is the breadwinner, contributions are considered 50-50 as a starting point and by contributions it includes looking after the house and children, research carefully before you do anything and do not trust what hes saying till you check it out first...

An occupation order isn't easy to get, but otherwise I agree with the advice above.

Early legal advice is key so you don't make any decisions which could later be to your detriment (eg taking rent money from your parents: it is your H's responsibility to support you, not theirs).

With his higher income involved make sure you see a solicitor used to dealing with more complex issues, if you haven't had any recommendations look for one accredited in financial cases by an organisation called Resolution - that way you'll know they are at a good standard.

Go now for that initial advice - get your parents to pay if you don't have enough from your "allowance" or your H looks at what you spend.

In the meantime, to answer the question you actually asked - it is very likely that as part of any divorce you would have been attributed an earning capacity anyway, at least now you have shown what you can actually earn rather than a lawyer for H saying you can be earning more when actually that's not realistic. So no harm done at all. But I wouldn't take on extra hours for now.

Good luck.

Do not listen to him. Do not take anything he says as 'fact'. He has his own interests at heart and will bully you to get what he wants.

Get legal advice and follow it.

The advice to remain in the house is predominantly given based on

1. the person remaining is in less of rush to sort out split as they are in the fmh ( ie can make viewings difficult or can stall on paperwork etc

2. while you are NOT giving up anything in terms of claims to assets, it can be trickier to argue you need to remain in that particular property if you are housed elsewhere

Neither of you have to move out, and while hard, many divorcing couples do remain in the fmh while divorcing as he doesn’t have to leave either

See a solicitor and get a view, range of, possible outcomes and you can go from there
Think about housing needs of both, ages, length of marriage, ages of children etc.
He is a high Earner so you may be in spousal maintenance territory too, although possibly on interim sliding scale, and you’ll also be expected to maximise your own earnings with a view of becoming financially independent