Who pays who? Assets / maintenance

[navigatingbreakup]

Who needs to pay who and for what in the event of separation and divorce?

The house is the only joint asset.

Wife is part time and low earner so wouldn't be able to afford mortgage in this property.

Husband could afford mortgage at a stretch.

Would husband have to but wife out and would it be a straight 50% of the equity in the house?

What about child maintenance? One child. Husband would prefer and is able to manage on 50/50 basis.

Would wife be entitled to anything in respect of child maintenance? What about living costs and expenses?

How old is the child ?

The starting point for divorce is 50/50. It's all negotiable though and can only be determined on a case-by-case basis. You need to see a lawyer really.

If one party's income is low because they've taken on the majority of the childcare to facilitate the other's career, that can be taken into account both for the settlement and child residency arrangements. Again though, you'd be best off seeing a family lawyer.

If its 50:50 child maintenance probably won't be payable. Assuming the child is under 18.

Spousal maintenance is an are no one can advise 100% on. Generally, unless the man is a very higher earner its a no. Even then its not always gaurenteed.

The split if the house is difficult. Why does she work part time? If he could do 50:50?
Assuming she went part time to look after the child, she may get more of the equity in the house and some of his pension. But again, the 50:50 care may impact that.

Its really difficult to say. At a guess I would say wife will get more of the assets, no spousal maintenance and need to work more hours.

@GoodnightGrandma

How old is the child ?

3

The parties need legal advice. In general though I'd strongly encourage 50/50 childcare if both parties are happy with it. Children do well to have a strong relationship with both parents, and 50/50 childcare can take a lot of the acrimony out of divorce IMO.

I've read that judges take a dim view when 1 partner suddenly decides they can do 50/50 but will have to put the child into afterschool care for their days having previously been supporting a partner to be there for the child.
And both parents should be thinking about what's best for the child rather than what would suit them best.

@PicaK

I've read that judges take a dim view when 1 partner suddenly decides they can do 50/50 but will have to put the child into afterschool care for their days having previously been supporting a partner to be there for the child. And both parents should be thinking about what's best for the child rather than what would suit them best.

That certainly wasn't my experience of the family courts. And remember, courts like both parties to work towards being independent of each other - if Dad has 50/50 and uses after school club on his days, and Mum uses those days without the children to work and earn money, that is not a bad outcome.

In my experience kids often enjoy wraparound childcare, too.

@PicaK

I've read that judges take a dim view when 1 partner suddenly decides they can do 50/50 but will have to put the child into afterschool care for their days having previously been supporting a partner to be there for the child. And both parents should be thinking about what's best for the child rather than what would suit them best.

You’ve heard wrong. Both parents would be expected to work to support themselves. There’s absolutely nothing wrong with a child being in nursery or after school clubs.