60/40 split...

[Iwantout87]

Hi, I know each situation is different but I am trying to get things sorted in my head before i go and see a solicitor and tell my husband I want a divorce. We have 2 primary school age children.
He earns £20k more than me, has shares and has around £30k more in his pension pot.
We have a joint property and some savings maybe would be around £140k to share out.
What's the chances I would get a 60/40 split in this situation?
I am trying to see if its affordable for me to buy a property.

Will most likely come down to needs

do you need that to house your children
if you were awarded that can he house the children so in similar place or does his 40% not leave enough
how long you married
what child arrangements? Eg if 50:50 your needs are not greater than his
relative earnings eg 20k pr annum on 100k per year relative to say 30k a year earnings
both your earning potential

his willingness to agree lower %

The pay gap could be enough to support this ask. But have you looked at your take home income. Which will include additional income for some people and more deductions for others.

Think about UC entitlement, child benefit, and higher tax contributions for higher earners. Where does that land you both in terms of money in each month.

The other question you will need to square off is whether you could earn more. For example by working longer hours or maximising your qualifications. If you could and choose not to that won’t be a decision your ex pays for.

Id say 60:40 is fair if you are shouldering the majority of the childcare. I got 60% of our house (we had similar pensions so we agreed to just keep our own). I have our children 85% of the time. I probably could have pushed for more and got it through court but I sacrificed that to ensure he agreed to give my parents back the deposit as they lent it to is but we didn't have the right paperwork to eing fence it for them.

The needs of the children will most likely carry the greatest weight in your case, considering their age.

It will probably most likely come down to what the child arrangements are. If you share care, but have them more often, then this will likely swing the balance in favour of an uneven split.

Every case is totally different.

In my own, for example, I have custody of the kids and receive no child maintenance, but gave away over 70% of the equity in the house because my earnings are a lot higher.