No maintenance or rubbish solicitor?

[ConfusedAboutDivorce]

Not really a MN post since I am not a mum, but sadly I am going through a divorce.
Now, let's talk about the financials, in theory we want to keep it amicable, but I have actually spoken to a solicitor for an initial assessment and got fairly disappointed.
We have no kids, both approximately 50 y.o.
To give some rough figures (don't want to be identified!) my STBXH makes 90k before pension, while I make 20k. Equity in 2-bed flat of 350k (500k value, 150k mortgage). Then 200k of savings and around 500k of pension (yes, we have been saving aggressively!).

The solicitor talked about a 50/50 split in the assets and that's it, no maintenance really.
He told me about all the ways the assets can be split like I keep the flat but not the pension, we sell the flat and split everything, etc... which is all very vague and unhelpful. STBXH doesn't want the flat and mentioned something like we sell the flat as he says it's in expensive area and split everything, but I wouldn't want to go through the hassle of selling the flat.

Now the sticking point: the solicitor said I won't get any maintenance as I can more or less support myself. STBXH didn't mention it either. Instead I read online on several UK lawyers websites that maintenance is actually awarded in case of income disparity and based on needs and ability to pay. My STBXH can definitely pay some maintenance with that income. It also makes sense, I come from another European country, where that massive income imbalance would definitely be compensated I think.

Which is true? The solicitor didn't seem very convincing, should I dump him and find someone better? If there is no maintenance, can I aim for 60/40 split, given my lower income? I forgot to ask this to the solicitor.

Yes, it is true I can "survive" with my income, but a part from owning a small flat I will struggle to retire and will have very little savings if any, while my STBXH won't have any issue at all.

We live in London area, so higher cost of living. I have seen other MN threads about maintenance not being given but they seem to be compensated by something like 60/40 split or more.

Not a lawyer so don't rely solely on me but I think more than 50% is based on children. You haven't sacrificed your career to raise the children etc. And 90k isn't a massive income for a professional in London in their 50s unless there are mitigating factors why you couldn't progress your career to earn more. Realistically you'll probably need to sell your flat and move to a one bed further out to find your retirement if you decide to stay there but I'm not sure why he owes you more than 50% unless there's a backstory

Yes my understanding is that you won't get more than 50% if you don't have children and they won't favour maintenance as many opt for a clean break

I’m interested to know why you think he should continue to keep you if you’re no longer together, and there are no children involved?

Why do you think you should get maintenance rather than a full time job?

How long were you together? And how long have you been married?

If you earn 20k are you part-time.

Its highly unlikely you would spousal maintenance with him earning 90k

A clean break with a split of assets, including pensions, yes because that is what divorce entails, but ongoing spousal maintenance is fairly unusual.

Married 15 years. I work 75% full time, I guess it can go up to 100%.

Also for the other replies, it's not that he needs to keeping maintaining me, it's just since his income is ~5x mine and can easily save far more than me, I wondered how fair it is having an exact 50/50 split when the income is so different and 50% of the assets will basically be just the flat and no saving/pension.

Based on the replies it seems it is fair, so I guess I'll just shut up.

After 15 years you are entitled to a share of pension and savings.

I'm not sure though why you feel he should pay maintenance? Is it about mentaining the lifestyle you have had during your marriage?

Think about it, if you split all assets 50/50 then you have acutely benefited from his higher earnings.
Just go for a clean break, you have employment and will be able to support yourself even if it means having to cut your cloth accordingly.

Why would you want spousal maintenance ? Just go for a clean break. You ahve plenty of assets between you to both be comfortably off.

You need to find a solicitor that gets good outcomes with people who divorce in your situation.

Yes a clean break is better etc, some spousal for a year is not entirely unrealistic.

Much depends on how agreeable your ex is too.

Unless you have sacrificed your earning potential to maximise his, the difference in earnings will not be factored in to maintenance.

you earn 20k, he earns 90. That’s what you earn. If you aren’t happy about it it’s on you to address, not to expect him to compensate for.

differences in asset split and/or ongoing maintenance is usually because one party has given up their earning potential to either raise kids, or support the others career, to the extent they would not be earning what they are without them, and usually very high salaries are involved.

if you’ve done neither, you’ll get 50:50, and your income is on you.

Imagine thinking someone else should pay for you because you don’t fancy working full time.

So you’ll get roughly £250,000 pension, £175,000 equity, and £100,000 savings and you’re wanting the man to ‘maintain’ you? 🤣

Spousal maintenance is rare as rocking horse shit these days. The courts prefer a clean break.

Why on earth do you think you are due maintenance? Get a full time job. When you are no longer married I really don't know why his income would be any of your business, when there are no children involved.

“it's not that he needs to keeping maintaining me, it's just since his income is ~5x mine and can easily save far more than me”

that’s not his problem. You want to save up quicker work full time 100% of the time. 50/50 seems fair, depending on how much you contributed through the marriage financially if that was split 50/50 then it’s fair, if he contributed more than you because he earns more then 50/50 split is more than fair…. (For you not him)

I think the argument would be that you are benefitting more proportionately by getting 50/50, as I would guess that given your low income and part.time work you haven't contributed anywhere near as much to the savings pot, pensions, equity etc. So you are already getting a massive bump up in that regard given you would never have been able to accrue that on your own with your salary.

It sounds daft, but 90k isn't really enough to consider spousal maintenance.

Exactly, you’re already taking the piss by taking 50% of stuff you certainly have not contributed that amount to, while being subsidised to choose to work part time.

I have friends similar to OP who are also getting divorced, and seem to be completely shocked as to what a split (which they instigated) actually means.

If he earns a lot more than you, he will probably have a much nicer life than you, yes. You are no longer his concern.

Why do you think you should be entitled to more than 50%? And why should he be responsible for maintaining you when you're divorced? You didn't give up a career or take a pension hit etc to facilitate his career or look after kids. You chose to work part time in a much lower paid job. You were married, so all gained in marriage is split 50/50 as it should be as you were equal partners. Judge could award unequal split if needed, but your needs are a 1 bedroom or studio flat as just you to house. Your solicitor is correct that you can get 50% by taking more of some assets and forgoing others e.g. get more equity to buy somewhere outright or with smaller mortgage in return for taking less of his pension. You'll be walking away with 500K in an equal split, far more than many. You're single now, so you have what you earn. If you want more money you need to earn it.

really op ?

you gave t sacrificed anything

youre going to come away from
thus in a far greater position than if you hadnt married. You need to work full time to support yourself!

quite frankly taking the piss and I hope he fights it all the way

and ges not really in spousal I cone territory particularly when you can work, don’t have children and haven’t given anything up

Grabby AF

You can laugh, but with my income I can barely raise a 60k mortgage, so I'll need a bigger share of the equity if I want to have a roof above my head.

I just checked the divorce calculator on wikiworce with the numbers and it says:

The husband should pay the wife maintenance of £16125

I was actually more interested in what the law says, not the personal opinion of people upset by the fact that we have been saving money instead of wasting it.

I think it's more likely you would get an uneven split than spousal maintenance ?