Separation/divorce what am I entitled to?

[Angeldelight21]

So, our marriage broke down and husband is moving out. We will be separated for few months and divorce in the new year.

He is a high earner and currently we don't get taxcredits or child benefits. Can I apply for these during separation or I need to wait until the divorce?

Our DD will stay with me, how will our finances split? Is it always 50%-50%?

Thanks for your help

Yep, apply for CB now, before he does 😉

No-one can make a new claim for tax credits, it would be Universal credit. Depending on the age of your child you may be required to look for work if you don't already work.

You really need to speak to a solicitor. The split of marital assets can vary according to individual circumstances. It depends on each party's housing needs, income and work, the child's age and needs. So for example if he was a very high earner and was planning to live with a new partner(and so will be sharing costs of living) then you might get a higher share of the division. If you are both in the same boat, for example, both need to individually fund a home big enough to accommodate you and your children then it is more likely to be a more equal split.

How high is high, obviously over £60k as no child benefit, you can apply as soon as he moves out. But the split beyond that is complicated, it's not always 50/50 but nor is it set amount. Child maintenance is a set formula. You will be expected to work full time unless mitigating circumstances, then both your incomes can be taken into consideration for spousal support if you meet the criteria.

So, our DD is 1.5 years old, childcare £1,300pm

We own an apartment that is paid and a house that has mortgage on it £800 pm. We will get valuation on the properties.

He is on 70K, I am on 28K

What is fair, what can I expect? How much would a solicitor cost? (North-West)

70k is not particularly high so don’t expect spousal

how long have you been married
how old are you what actual assets are there to split ( eg equity in the 2 properties ) and are there any pensions or other assets

you can expect a fair share which could be 50% or more or less ( depending on answers to some of the above )

if short marriage, you are young and he owned flat prior to marriage that might mean less than 50% ( as example)

if long marriage and little assets you might need more than half to house child ( as another example )

you should seek advice, and also claim
any benefits and cms you are entitled to now

Go for spousal.

Won’t get spousal on his earnings
and if by some miracle it was awarded it will be for short interim only

you can apply for child benefit straight away

It's universal credit now - you can claim as a single person but you may not get anything, depending on savings and income/expenditure on childcare

£70 k isn't high for divorce purposes.

I'll be honest, if you can amicably work out a settlement and ongoing support for your child that always beats solicitors, courts etc. you have two residences available so that's an improvement on most people. Length of marriage and relationship comes into it too

😂😂😂😂

He's on £70k not £70 million

What's his earning capacity, op? £70k now. Has he earned more in the past?

How about instead of entertaining the idea of spousal focus on your own job and sustain yourself.

How about the op ups her own income ?

Yes but that doesn't happen overnight, does it?

It amazes me how painters think, "Ooh divorce. The lazy bitch should be able to get a job straightway," without knowing any of the background circumstances.

Poster not painters

@Beacon2000 you are so so bitter. Your posts on divorce board are always the same. Scrounging ex. It's such cobblers and coloured by your own experiences.

Op, listen to your solicitor. There are lots on this board who would be verb happy to see you and all divorced women left with nothing after a divorce, regardless of what women might have sacrificed.

@Beacon2000 not everyone is your ex. Lots of people have agreed in their marriage to have one SAHP at least for a while, for example.

Try and contain your bitterness and be objective.

Is it bloke's night on here?

So let's say a couple have four dcs. They agree to save on nursery fees by having one sahp, for example.

That sahp has sacrificed a few years of career there and then and will probably struggle a lot to catch-up. Whilst the other partner has soared ahead, enjoying a family that is all dealt with by the sahp and supported by that sahp.

Furthermore, Perhaps there's disability. Perhaps there's financial abuse. Perhaps there's still very young children with SEN.

It's all case by case. And thankfully not decided by bitter people who have had divorce outcomes that aren't to their satisfaction.