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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.

Financial settlement - Do courts take account of Husband or Wife's ages ?

9 replies

ProjectPants · 07/06/2022 13:53

Hello all

I've namechanged for this as H knows I frequent mumsnet.

I know it's a long post but let me start by saying, dear reader, that you may be young and not think this matters very much at all. Trust me though, as you approach a reasonable retirement age, having worked at full pelt for your entire career, it starts to matter a great deal.

I've worked ever since graduating (before too) and due to the nature of my work I had minimal maternity leaves, effectively working part-time from home for 6 weeks before returning to work. Until recently H too had worked constantly apart from paternity leaves.

During the pandemic I worked harder than ever on top of juggling the emotional and domestic needs of the kids, H, and my parents. H was furloughed from day 1 and had a year of doing nothing, then was made redundant and hasn't worked since (through choice, he's ignored contact from possible job sources), subsequantly having another year to date of doing....well, nothing really. If I hadn't already filed for divorce, him relaxing/laying around for the past 2 years whilst I worked harder and harder would have caused me to do so anyway.

As mentioned above, just before the pandemic hit I had filed for divorce (he's been a shit for years) so it all went on hold due to covid and we're way behind with things now.

To be frank, we're no spring chickens, so there's enough in the marital asset pot for his/mine and the kids needs but splitting will be time consuming/difficult with an unco-operative H whose constant attitude that any suggested split I put forward is "shafting" him, "us men always get shafted". He's "worked so hard all these years" (not disagreeing with that, but we've BOTH worked hard with the intent of retiring at a reasonable age plus I've juggled all home/child related responsibilities too). He's "supported me through maternity leaves" (see above regarding those "leaves", which were at full pay anyway)

Being blunt though, I've got 2 years less until retirement than him (H is 2 years younger than me) and on top of that he's just had a 2 year "sabbatical" when he could have worked by chose not to. Some days I'm really feeling my age recently, we both have/had responsible and stressful careers and I've got health issues which are ramping up.

Will the court (<sigh>, necessary because despite being keen on the idea, he failed to turn up for mediation, wasting time off work for me thereby losing income for the household, and he won't reply to any correspondence or appoint a solicitor) factor that difference in remaining working lifespan in to any % split of our assets/pensions ?

Also, can I ask for him to bear all the additional costs which have become necessary due his lack of co-operation ? He seems to have no regard for how much his refusal to address matters will cost in terms of having to go legal over everything.

Sorry this is so long/emotional but it's been quite cathartic setting it done in type...

I haven't mentioned our children in this thread as I'm just interested in whether H and I's ages would be a factor that the court would consider in trying to assess an equitable split.

OP posts:
playtest12 · 07/06/2022 14:07

How does he intend to explain in court his lack of works/lack of job searching for the past 2 years?

ProjectPants · 07/06/2022 15:20

I have no idea.

Bad back ?

Anxiety ?

Didn't feel like it ?

Well, it lowers our houasehold income so the kids are eligible for larger student finance loans ?

Take your pick.....

OP posts:
LemonTT · 07/06/2022 16:52

The court won’t be interested in why someone in a marriage didn’t work. It’s a fact of the marriage.

The only issues here are individual earning capacity or potential at the time of divorce and whether that is sufficient to meet living needs. If it isn’t then one party might get a bigger asset share.

ProjectPants · 07/06/2022 18:21

LemonTT · 07/06/2022 16:52

The court won’t be interested in why someone in a marriage didn’t work. It’s a fact of the marriage.

The only issues here are individual earning capacity or potential at the time of divorce and whether that is sufficient to meet living needs. If it isn’t then one party might get a bigger asset share.

So do they look at how much both parties are currently earning or at the sort of salary they generated prior to one of them deciding not to work any more once divorce proceedings were under way ? Do they look at both parties earning potential over the remaining years up to retirement age ?

H's salary had been £20,000 p.a. more than mine for years and he's got 2 years longer than me before he gets to retirement age.

FFS , I may as well decide I need a de-stressing, sabbatical career break right now so as to even things up a bit.

OP posts:
waterSpider · 07/06/2022 18:57

In principle ages can come into settlements, yes.
But with a long marriage, plenty of capital to house people, no young kids, it's very likely to be a 50/50 settlement.

LemonTT · 07/06/2022 21:51

It’s entirely possible his earning capacity has changed as a result of the pandemic and redundancy. His old salary might have been a function of seniority and reputation in a company. In reality he will be seen to be maximising his income of he is full time and using his qualifications.

As a pp points out, it all depends on whether there is a lot of capital, savings and pensions to meet needs. If so then it will be equally spelt. But if mortgages are needed for new homes then one of you may need more equity to qualify for a mortgage during productive years.

there isn’t enough information in your posts to say where you stand. But in principle income matters. Retirement impacts on income.

cottagegardenflower · 08/06/2022 10:03

It's usually 50/50 and his not working currently may not be so important. It's his capacity to work not his choice not to do so. If he had a diagnosed disability preventing him working he may get a bigger share of the house. The court wants to put both parties into an equal position following divorce so look at many factors including children. Too many unknowns with your explanation eg kids at home ages etc, but a solicitor should give you an idea. You could do mediation over zoom so he would have no issue turning up.

ProjectPants · 08/06/2022 11:16

@cottagegardenflower I've tried the mediation over zoom option, H wouldn't engage. I was there on screen, the mediator was there on screen........H didn't log in to participate. Another waste of time and money.

@LemonTT I've just sat down and done a projection showing our earning potential from now to a reasonable but identical retirement age (i.e. we both work to the exact same age before retiring which seems unquestionably equitable IMHO). Being fair to him, and assuming he gets work at only say 2/3rds of his previous salary, the difference is still £100,000. Would the court really dismiss this as irrelevant. Is it considered that our assets are just property/cash etc , not our earning capacities. In opting not to work whilst the divorce is ongoing, H is effectively hiding an (intangible) financial asset from the court.

OP posts:
LemonTT · 08/06/2022 14:52

It really depends on how much capital there is to set you both up.

If you both have decent (potential) and comparable incomes and pensions, an equal split is fair enough.

Without even a basic idea about how much you both earn, the level of capital and pensions plus your housing needs it is hard to work out what you can expect. Age may or may not matter.

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