50/50

[Lostmum2407]

I made my husband a 50/50 offer on our financial assets but he has refused and is going for 60%. We used to earn the same amount of money but since we split he went part time and this is the reason he is after 60%. He is also saying he is 5 years older than me so I can earn more money before retirement. I’m a very emotional person and don’t want to go to court. I’m tempted to take the 40% but this will mean I will only be able to afford a flat in the area we live in, in addition to getting a mortgage for the most I can. I have no money to spend on more solicitors fees as I had to take out a loan to pay for the solicitor so far. I’m worried about money and need this divorce over but it’s totally unfair that he will get 60%. What would you do?

I don't think his arguments make any sense at all. Are there DC involved?

DC? Sorry I don’t know what DC is. Children? Yes we have two 50% of the time.

I think a judge would say his earning potential hasn't changed, he's chosen to be part time. How far off retirement are you both? If you've got at least 10 years each then I think you still have time to add to your pension. How much in £ is the difference between 60% and 50%? I'm guessing it's a sizeable amount if it makes a difference to what you can buy. That might be worth the solicitors fees. It doesn't necessarily need to end up in court. A letter from your solicitor saying his offer is unreasonable may be enough.

That's his choice surely to go part time. Was it done for childcare purposes? He ll
Be expected to work full time and not have a baring on equity split

Don't fund his decision to go part time. Stay strong and go for what you deserve.

Decent mediation (with a barrister) ought to resolve this fairly quickly. Divorce is based on earning capacity now and in the foreseeable future. That means his settlement will be based on the assumption that he maximises his earning capacity. That's as true for him as it is a stay at home parent, someone who is deliberately underemployed or someone who could boost their earnings with some re-training.

Once he realises he has nothing to look forward to from court other than 50/50 and his costs and yours then he should be amenable to your offer.

I also suggest you send him the offer in writing, clearly stating at the top "without prejudice save as to costs." If he rejects it and takes you to court, he will be liable to pay your costs if he loses. Which he will.

The settlement would be based on his potential
earnings based on him maximising

chosing to go part time does not equal
higher %

what might help him is time to retirement if that impacts ability to get mortgage ( if it doesn’t that won’t be a factor)

He’s gone part time to get a better deal out of the divorce. He’s a teacher so it’s not for childcare purposes. The children go to before and after school club. He’s doing everything he can so I do t get 50% of our assets that I have equally contributed to. I’m divorcing him as he’s selfish. I found out that he had £50 000 in savings so HE could retire early whilst I was paying for most things including all of the children’s clothes, shoes, Christmas and birthday presents, entertainment and childcare. That’s why I don’t have savings!

This won't wash in court, and he does know that £50k is half yours too.....

There’s a £35 000 difference between 50 and 60% of our assets so you t he gets his way I’ll be getting £70 000 less. He is 49 and I am 44 so I have another 20 years or so to work before I retire.

But the law doesn't say that's when you need to retire. Give him 60% and requst 50% of the savings pot.....

That won’t make a difference , 5 year age gap, no where near retirement age.
stick to your guns
a judge would give him short shrift and if he doesn’t want to work full time he’ll have to downgrade his lifestyle choices