What do you think the settlement should be?

[KittyRae]

Married 10 years. 2 primary age kids. Both have always worked full time. Husband earns £45k, wife earns £125k. Assets of £1.2 million (including house worth £700k with mortgage of £100k left).

What do you think?

And spousal usually v short time, IBreton, to allow someone to get back to work

that’s not the case here

She is entirely fair I think. I would do 55/45 plus keep pension as a full and final offer as anything more is him being cheeky. And say see him in court

I assume his career remained the sane with children and his salary is perfectly reasonable

The pensions accrued over 10 years cannot be as significant as the equity. Especially not on £45k pa.

I doubt the OP would get 50% of the equity and on her salary have a significant claim on his pension. She is a high earner and has a private pension.

Salary difference here is significant. The bottom line is that his income means his needs are higher. And lifestyle won’t be ignored as a factor.

It is unlikely that spousal maintenance would be awarded. It is unlikely that pensions need to be equalised. It is very probable that equity will be used to address salary difference. Impossible to know by how much.

How on Earth does he think he’s entitled to spousal maintenance? 😆

One reason we aren't splitting pensions is because we chose such different pension strategies. He chose private pensions, self-employment etc., I traded off lower earnings by working in public sector to get safer pension pot. Our pension values aren't hugely different anyway, though.

Why not split all other assets 50:50, OP?

oops, cross post. er, so you'll each have about £600k equity if you split 50:50, plus presumably both fit & well to work? I can't see how it's fair for him to have 55% plus spousal maintenance. Just polite rebuff on that one.

This seems fair assuming he is able to rehouse and spousal maintenance is only really awarded if the partner doesn’t have a job/can’t support themselves, ie stay at home parent…

You mention assets are £1.2m with £600k in the house…are the other assets liquid? Will
both come away with £600k cash?

She has much higher mortgage capacity so this could be taken into account but if he wanted more he’d have to prove he ‘needs’ it. Given that he also has some mortgage capacity, it’s likely he is able to rehome with £600k.

Yea I agree and this is what I have agreed with my STBEXH

I earn x3 what he does also. Equity in house has been split roughly 50/50 (don't have anywhere near the equity or assets as the OP though) and no pension sharing. He didn't give up anything when we had children and his much lower pension is reflective of his career and lack of motivation to better himself

This case is quite rare in that it is not needs based. There are plenty of assets to house both parties and both earn good salaries. Both are young enough to change careers if they want a better income or lifestyle. Needs of children can be met by both. Simple 50/50 split clean break.

Update - He wants £60,000 year spousal…

What planet is he living on??

The key thing is housing. Can he buy a property with the cash offered plus his mortgage raising capability of 45k x3? Being able to live near the wife and school will help keep 50/50 possible

Spousal is a joke considering that he worked full time during the 10 years. I would consider a one off lump sum of removal/setting up costs as a one off if she is keeping the house in order to speed up the process but not ongoing spousal.

You mean £6k right? 60k isn't going to happen 😂

No, definitely asking for £60,000.

He also says his mortgage capacity is zero, because his outgoing apparently leave no room for mortgage payments.

Is the state of his finances why she's divorcing him? I'm going to assume that he's a gambler, drug addict or something similar.

If he'd fail the credit check for a mortgage then he'll have to rent then.

He's having a laugh. 55:45 in his favour plus he keeps his pension is fair unless his career was adversely impacted by child rearing that the other parent benefitted from.

*No, definitely asking for £60,000.

He also says his mortgage capacity is zero, because his outgoing apparently leave no room for mortgage payments.*

Well he can ask away but it's not going to happen is it. What does he spend his money on if 45K salary is all spoken for before paying a mortgage??

Yeah 50:50 but it needs to include pensions. I’m pretty surprised you have less than him if you’re earning so much more, I presume you didn’t prioritise paying in?

he does have an argument for getting more as he earns less (so his and the iuds housing needs can be sorted). Lower earning women get recommended to ask for this.

60k spousal is a joke. Any spousal isn’t going to happen.

He won’t get that. But sadly you could soon eat up a lot of your asset pot in legal fees. Does he have legal representation? I’m surprised he’s going for that.

Is he asking for £60k pa for ever? I got a one of lump sum in lieu of spousal as a much lower earner in a case with a way bigger asset pot and also the higher earner was earning significantly more too.

He won’t get spousal
Don’t even begin to entertain that

Who is currently in the family home?

He is completely having a laugh that amount of settlement is enough to get a property and his salary is enough to live off.

I assume he doesn’t have a solicitor

That can't be right. That would take his income over £100k while the ex wife is on £65k. The maintenance he is asking for is more than half her net salary . Does he mean he wants £15k to take him up to £60k?

He's absolutely taking the piss but I'd be 99% sure he won't get any spousal at all.

Are you the wife in this situation?

Sounds like you are being more than fair.

50% of that equity is more than enough for him to purchase a house and only have a small mortgage payment(if any at all)