Redundancy during divorce

[Mmmbop23]

If redundancy pay is received by STBXH during divorce/ financial negotiations (job was entirely held during marriage bar a few months of seperation) would this go into the marital pot and should it be split? It won't be needed to live on until a new job is found as there is already one offered at new company.

If the redundancy payment was received AFTER the separation, it could be argued that it should be treated as non-marital asset and not included in the settlement.

IMO - it seems grabby to go after it. How would you feel if you were made redundant and he went after your payout?

This seems really grabby to me too. Yuck.

Legally I don't know but morally surely not

Agree with others, it seems very greedy to go after a redundancy payment made post separation.

Legally... unsure. Morally... I couldn't stand behind anyone who would go after that money in this situation. Very grabby.

It should go in the pot.

Bit of a strong reaction here, fair enough. I don't see how it's different to going after a pension pot. The job was held throughout the marriage and managed by me taking on most of the parenting/ detriment of my own career. Been screwed over with debts run up not by me so thought it was only fair to add to the pot in the same way.

Different if it was needed to live on, but in your circumstances I think you deserve half.

I have no idea about the legal position.

No way. Id be furious if a stbxh tried to claim my redundancy money or an inheritance I received AFTER we had decided to separate. So I wouldn’t do it to someone myself.

Definitely not OP sorry that's really grabby - it's effectively going to be his income for x period of time before he can find alternative work. Salary isn't divided up in a divorce ....

Depends is he being reasonable and fair? If not, gloves off. If he is - leave it alone.

I am fairly sure there is some precedent for this but it is circumstance dependent like all things divorce.

I don’t think it is like an inheritance. It is very much linked to work history and often an accrued benefit.

OP says clearly in the second sentence of her two sentence post that ex already has an alternative job.

I am in this situation as STBX is being made redundant. My solicitor advises that it is not part of the pot as it is post separation. I wouldn't have gone after it anyway.

It all depends doesn't it ? Eg when my ex H asked for a list of my jewellery and values 🙄

I think if op was getting higher than 50% if assets to compensate for being sahm mum etc and ex was made redundant post separation AND needed that to live on while looking for a job then there would be a case to disregard it

it seems here though from limited information that isn’t necessarily the case?

op, are your needs met with the settlement already without this? How much is it? There may be a case for its inclusion but your solicitor can guide you

Get what you need to give your dc and you the best start post divorce. Develop a thick skin and don’t worry if people think you’re being “grabby”.

Even the law objects to this, it was after you’d seperated you can’t have this money.

How does this work in terms of financial / child arerangementa ? Ex in specialist role and unlikely to find same- may mean having to work overseas/ change direction/ be on less money. Previous agreement was for them to have small mortgage to release equity to other party and a 50/50 split. mortgage will be rescinded. Can divorce go ahead prior to finding new job or is it just sell the house? Three children of primary school age and highly acrimonious situation. Thanks for any advice

I would start your own thread as this is quite a different circumstance to the title of this thread

it's forward paid income so no

Morally I agree, yuck. Grabby and people like that should be named and shamed.

Legally, it depends if the other assets are sufficient to meet needs.

This is not grabby. Redundancy pay out is directly linked to number of years worked- when you were a marital/financial unit. And you still are a unit until officially divorced. See solicitor asap.

If you are going through mediation route without a solicitor , you can alert the mediator to this asset. If your DH does not agree then you will have to consider whether to take on a solicitor to fight this. For a small payout it might not be worth it. But for a large redundancy pay out it may well cover the cost of a solicitor- who can then deliver other benefits. Well worth considering and deffo not grabby!
Good luck