Critique my divorce plan!

[Madness5]

Ok, so marriage has broken down - tbh, it’s not been in a great place since before covid and so not in great shape now. I went p/t and amended hours when DC babies/young, which really impacted my career prospects. However, even so earned more p/t as DH job hopped with no real plan or attempt to improve position. When DC were in school, I went back up to f/t, undertook qualifications etc. As of two years ago, I now earn significantly more (more than double). I pay for everything - his income is in an account paying rent and a few bills and grows every months as surplus. I spend more than double more on everything else - food, other bills, classes, clothes, holidays, entertainment etc. Lawyer has said, yes, I earn more, but she feels courts would deem his income adequate, without spouse maintenance. We never bought a house.

I was planning on renting a house, main residence and having kids 3-4 nights. I expect DH will have to rent a flat. I will pay for everything for them - as I do now, but DH will need to pay own expenses, rent, bills etc. I am more than happy to look after DC if he needs and also help juggle evening clubs on ‘his days’, if he wants or needs. If he wants 50%/50%, fine too.

He will get half pension, I realise, although I certainly don’t have that lying around now. He has no pension. Savings all split.

How does this sound as a first stab from a clueless wannabe divorcee?

The pension would be a pension sharing order so you wouldnt need to stump up cash
I’d argue against half tbh personally - he’s not been disadvantaged from the marriage just earns lower
Spousal unlikely imo - as above

The main thing will be to solve child arrangements I think and child maintenance

How long have you been married? I thought spousal support was pretty rare unless you earn 100,000s and then only for a fixed period of time so he can sort himself out and get a better job?

@Madness5

Ok, so marriage has broken down - tbh, it’s not been in a great place since before covid and so not in great shape now. I went p/t and amended hours when DC babies/young, which really impacted my career prospects. However, even so earned more p/t as DH job hopped with no real plan or attempt to improve position. When DC were in school, I went back up to f/t, undertook qualifications etc. As of two years ago, I now earn significantly more (more than double). I pay for everything - his income is in an account paying rent and a few bills and grows every months as surplus. I spend more than double more on everything else - food, other bills, classes, clothes, holidays, entertainment etc. Lawyer has said, yes, I earn more, but she feels courts would deem his income adequate, without spouse maintenance. We never bought a house.

I was planning on renting a house, main residence and having kids 3-4 nights. I expect DH will have to rent a flat. I will pay for everything for them - as I do now, but DH will need to pay own expenses, rent, bills etc. I am more than happy to look after DC if he needs and also help juggle evening clubs on ‘his days’, if he wants or needs. If he wants 50%/50%, fine too.

He will get half pension, I realise, although I certainly don’t have that lying around now. He has no pension. Savings all split.

How does this sound as a first stab from a clueless wannabe divorcee?

First of all, well done on your career progression. I think your case proves that a few years working part time whilst bringing up young children really doesn't have much impact on a career these days and you've found yourself earning double what your DH does. I can understand when a family agrees that one will be a SAHP for a decade or more that careers can be impacted, but working part time for a bit really doesn't have much of an impact at all. We live in a society now where it has become a lot more normal to have multiple employers and career gaps and the courts need to catch up in this respect and actually evaluate the person before them rather than make lazy assumptions about their potential.

As to spousal maintenance, it really depends what you earn and what he earns. If he's on minimum wage and you're on just less than £40k then he won't get it because it wouldn't be worth it. On his own on minimum wage, he'd be entitled to universal credit (and it might be fair to let him claim the child benefit) but he would lose this pound for pound from what you pay him, which wouldn't be a lot on a salary under £40k.

If he was on £40k and you were on £80k then there might be an argument that now universal credit is out of the picture you should pay him something. However, by this point it would be hard for him to argue his needs aren't being met.

If he was on £60k and you were on £120k then he probably wouldn't get it because he earned plenty to look after himself.

The only possibility is that you have to agree a split of 60/40 in his favour or something like that. I'm not really sure why your solicitor is suggesting spousal maintenance to be honest.