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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.

Earning capacity

5 replies

WTF202333 · 02/07/2023 13:56

What effect does earning capacity have on the split of assets etc?
exH earns 4 times my salary. I work full time and earn a decent wage. I have the children 100% of the time as he has cut them off.
Asset split seems like a lottery…

OP posts:
millymollymoomoo · 02/07/2023 14:41

Depends on

overall assets available and I’d both parties needs can be met with 50:50 ( eg if you have 100k equity only and you have the children then your needs are greater and you’d likely get lions scare. If you have 1m equity and can house yiurself and children with half then more argument towards that)

ages - if you are 30 and he is 50 as example you have time time to build up

length of marriage and if you gave up a career if if you just happen to have a lower paid one

many factors really

Appleofmyeye2023 · 03/07/2023 14:30

Look at ADVICE NOW guides in link above at top of page. The financial settlement ones explain how “fair settlement “works and you can then work out how that’d apply in your case. Yes, future earnings are one of the criteria , but will depend on the other 10 or so criteria as well
these guides also explain how legal financial declarations are made - you’ll see in there that income is also recorded

no one here can tell you exactly - you can figure out what is reasonable based on “fair settlement “ law and how it exactly applies to you.

isthistheendtakeabreath · 03/07/2023 19:59

No one here can really tell you as it's very specific to your individual circumstances

All I will say is that my earning capacity is 4 times my ex husbands. But I have the children full time. Asset split was around 70/30 in my favour even though his earnings are so low

BranchGold · 03/07/2023 20:25

Does he work for an employer or is he self employed? I ask because a significant proportion of men (particularly the ones who physically remove themselves from their children lives) will go out of their way to reduce and hide their known income.

Anita848 · 04/07/2023 21:24

It should not be a 50/50 split, especially if he earns 4x the amount and you have the kids. But as the others say, there are a lot of factors that affect this. See if this can help https://iamlip.com/help-guides/the-court-process-of-dividing-your-marital-assets-finances-and-pensions/ then go to box 17 https://iamlip.com/his-money-her-money-our-money-who-do-marital-money-and-assets-belong-to/
Hope this can help!

His Money, Her Money, Our Money. Who Do Marital Money And Assets Belong To?

His Money, Her Money, Our Money. Who Do Marital Money And Assets Belong To? - I AM L.I.P

https://iamlip.com/his-money-her-money-our-money-who-do-marital-money-and-assets-belong-to

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