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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.

Has anyone been awarded a 60:40 or 70:30 split?

5 replies

MPB8791 · 30/06/2024 20:31

My sister will be the primary carer after her divorce. We’ve read differing opinions on how the marital estate is divided when Mum will be sole carer for the children. Has anyone been in this situation and received more than 50%?

OP posts:
millymollymoomoo · 30/06/2024 20:39

It really depends on incomes and assets available and if needs can be met with 50%

if they can that’s likely to be awarded. If they can’t then higher % might be awarded.

but % are in some way meaningless/ 60% of 100k is different to 50% of 1.5m as exanpke

being primary carer doesn’t in and of itself mean a higher share will be awarded.

HannaLaura · 30/06/2024 20:46

And depends on things like pensions too. I had a larger share at the point of divorce because the share was negotiated against his biggeit(than mine) pension pot.

I wanted a clean break and not to feel beholden to him overtime. More than that I felt more money while the DC’s were small helped me rehouse us in a decent area. I didn't feel that an additional lump sum from his pension, when we are in our 60’s is as much use.

When my solicitir tried to push for more in the court, the judge told us that my ex was also entitled to a standard of living so the share could not be increased.

mitogoshi · 30/06/2024 21:02

I got 60% but that was privately negotiated

Jonathan70 · 30/06/2024 21:29

I negotiated a 55/45 split with my ex via solicitors. We earn a similar amount, the children are with her more days but she receives child maintenance and benefits. It depends on many factors, but mainly, what do you both need to house you and the children, taking into account your respective incomes from all sources, plus other assets? As @millymollymoomoo says, you can each cover your needs with 50/50, regardless of who is primary cater, if the pot is large. If the assets are small and children will be living mainly with one parent, that parent may need more to house themselves and the children. But not at the expense of the other parent having a roof over their heads and somewhere the children can stay overnights. Housing can mean renting, for both parties. Both will be expected to maximise their income, work full time. Pensions play a big part though. If one party has a significantly higher pension, the other party may be entitled to more of the other assets to balance this out. A solicitor will be able to advise you, looking at all the factors, and one consultation should give you a rough idea.

BrokenCamberEdge · 01/07/2024 21:32

I negotiated a split of 65% in my favour (house, car etc) although I think pensions were pooled then split 50/50, which meant I got some of his. Custody was 50/50 but he earned more than me and I made the case that I had slowed down my career so his could flourish, which was sort of true as I went part time after maternity leave for a while and he travelled a lot for work, which wouldn’t have been possible without me there to cover childcare. We agreed that between ourselves though.

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