Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Reasonable split?

12 replies

FallenFigs · 23/04/2024 09:11

2 DC (Year 10 and Year 8)
STBxH earns about £25k more than me (this is more than half my salary again).
20 year relationship, 15 year marriage
He is 5 years younger

Two properties – family home plus a home that STBxH bought to facilitate moving out. Overall asset/equity is about the value of the family home, remainder is mortgage
Pensions and long term retirement investments roughly equal when taken as a whole
He has a stake (shared) in another property – his stake around £100k
No other assets or debts
I had a career break (2.5 years when DC small) then worked part time, varying pro rata hours. Currently 0.8FTE
DC with me 60/40

What would be a fair split? Roughly. Is it realistic that I could achieve 60/40 of the assets (excluding pensions and long term assets)? If so, I could buy him out (although this would need to be facilitated by cashing in long term/retirement investments).
I am basing the split on salary differential, mortgage/saving capacity, age difference (he has longer to save to retirement) and split of DC living with me.

Would welcome thoughts/a critique of my analysis.

OP posts:
LemonTT · 23/04/2024 13:05

A lot of important information is missing. What is your overall asset value and what is the nature of these assets. What is the background to the stake in the property? Did he inherit and if so it may not be a marital asset.

key points
Salary isn’t income for either of you.
Given the ages of the children you may need to maximise work FT
What you need to buy him out is not the basis of a fair split. You may be over housed in the marital home.

Easy part is that pensions are equalised. Your housing needs are the same, a three bed property near the school. If that can be achieved by 50% then needs are met. I would say there is a good chance your incomes are about the same when netted and maximised.

FallenFigs · 23/04/2024 17:33

Overall assets is the properties - approx £750k
Other property stake is not inherited.
Yes I understand that what I ‘need’ isn’t a factor for the split.
he will be able to raise a significantly greater mortgage than me due to salary.

incomes - what does maximised mean? His take home pay is greater than mine.

OP posts:
FallenFigs · 23/04/2024 17:37

Probably relevant to say, the assets wouldn’t be enough to buy 2 x 3 bed homes where we live. And if 50/50 I wouldn’t be able to buy a 3 bed home with a mortgage. So it would be rental.

OP posts:
sunlovingcriminal · 23/04/2024 18:08

From what I know the court won't be hugely bothered about whether it can buy a property, just that you have sufficient income to house yourself (that may need to be rented)

millymollymoomoo · 23/04/2024 18:43

25k salary differences not considered material

you will be expected too work full time -what’s the gap and does it bridge the mortgage raising gap? Will he pay maintenance to you as well for children?

sunlovingcriminal · 23/04/2024 20:36

I think what @LemonTT means by incomes being maximised is if you went from 0.8FTE to actual full time, as the Court would expect you to go FT with two secondary school aged children.

SpringIsComing10 · 23/04/2024 22:48

Hello. I am 3.5yrs into a separation and have been trying to get divorced for over 2 years. I have 3 DC; 11,14&15. I live in the family home and my ex has a place (3 bed so meets his needs). I have around 350 equity and he has around 110 (although he is currently challenging the court ordered valuations) . My pension is worth maybe 100k more although I also have part of it that is final salary so his solicitor wants a pension sharing order. I have taken out two loans and used any savings I had (circa 30k) We have delayed the FDR due to not having the valuations at the time and a potential need for pension sharing. His parents are financially behind him so he has no motivation to sort but I can’t justify borrowing more money….i still need to pay it back. I am thinking my only way out is to stand my solicitors down and go forward alone. He seems like a man on a mission to destroy me….does not recognise mine or the children’s needs. He has the kids every other weekend. Used to have them every other Thursday too but that stopped. I earn more than him although he dropped his hours during the divorce for depression reasons. He earns around 50k and I 70k. If I stop solicitors and move forward alone will I get torn apart by his solicitor, are there any gotchas, how will the court view it?
I have asked my solicitor to offer him part of my pension…in a hope I can stay in the family home with the children. I’m exhausted and lost. Does anyone have any words of wisdom please xx

olderbutwiser · 23/04/2024 22:54

@SpringIsComing10 you really need to start a new thread.

it’s hard from your post to see what the problem is that you want help with or what he is fighting for. Can you simplify it a bit?

millymollymoomoo · 23/04/2024 22:59

Agree you need to start your own thread

hiwever based on the limited info you have posted it’s heavily weighted to you and a judge would look to ensure more equal weighting with your ex due more than current

SpringIsComing10 · 24/04/2024 05:29

its is the first time I’ve ever posted and don’t have a clue thank you🙈 I guess I had three questions….what could a fair outcome/negotiation be, what could a judge likely impose and then the big question, can I realistically drop my solicitor and represent myself against his solicitor? But I will start my own thread thank you ☺️

rwalker · 24/04/2024 05:38

a few things they may be taken into consideration
is you would be expected to work FT so there wouldn’t be an enormous disparity in earning potential

5 years isn’t a significant age gap

i think if he wants 50/50 you want 60/40
a 55/45 would be quite a good compromise

Elektra1 · 24/04/2024 06:51

It's all based on needs, income and earning potential. You need a 3 bed house. So does he. You find property particulars of suitable examples. You work out how much mortgage you'd need if you had 50% of the assets, and whether you can afford the repayments (a) on your current income and (b) on your full time income (as court will expect you to work full time - this is "maximising your income". In assessing affordability you also need to include budget for your reasonable other costs (utilities, travel to work, feeding and clothing yourself and kids, etc). If you can't afford the required mortgage even in the (b) scenario then that's your argument for needing more than 50% of the assets.

However, if he can also make the same argument, then you don't have enough assets to re-house both of you in mortgaged properties and may have to consider moving to a cheaper area or renting.

New posts on this thread. Refresh page
Swipe left for the next trending thread