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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.

Splitting assets

12 replies

Anna713 · 18/02/2025 10:00

My son has applied for a financial order and it is inevitably going to end up in court. He tried mediation but the mediator deemed it unsuitable for mediation due to his ex wife's abuse.

His position is that he is already divorced. He has a child arrangement order and has sole custody of his 13 year old daughter who sees her mother under supervision but has no overnights with her. The house, in his sole name and he paid the mortgage, is about to be sold. He and his ex were earning similar salaries but his wife has now either lost her job or is on long time sick leave, after the divorce took place. She is likely to claim this is through mental ill health. She lives with her boyfriend so she is not homeless. He offered to split the marital assets 50/50, which is more or less just the small equity after the house is sold but she has refused this. Does anyone know how a judge is likely to split the assets and is he going to have to pay spousal maintenance because she is not working? He receives no child maintenance from his ex wife and is solely responsible for his daughter's needs.

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millymollymoomoo · 18/02/2025 10:14

what does he earn?

based on just the above ( and the answer to his earnings) it’s highly unlikely he’d have to pay maintenance, and she should be paying him cms anyway. He should put a claim in even if she claims benefits

his needs are greater based on housing his daughter and no overnights with mum

Billydavey · 18/02/2025 10:17

If he has his daughter he should be able to get a greater % of the assets as he needs to house her. Also his ex should be paying cms so he needs to get that in place (even if it’s a tiny amount at the moment)

ThejoyofNC · 18/02/2025 10:17

She's got no chance at spousal maintenance. She should have taken the 50/50 as she's more likely to end up with less than with more.

IThoughtHeWasWithYou · 18/02/2025 10:24

Are they both resident in England? The country could make a difference. My understanding is that spousal maintenance is REALLY unusual in the UK countries.

Anna713 · 18/02/2025 10:24

Thanks all. That's what I was thinking. He earns about £40k and sometimes more depending on overtime. He went through cms and got one payment in nearly 2 years but that's stopped now because his ex isn't working. Cms are investigating apparently but tbh they've been pretty useless so far. He's constantly chasing them up. I don't understand why her solicitor hasn't told her to accept what's been offered if she doesn't stand a chance.

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Anna713 · 18/02/2025 10:25

They are both resident in the UK

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millymollymoomoo · 18/02/2025 10:28

Where in the uk though. Scotland is very different to England /wales

either way on 40k irrespective of the child arrangements she has zero chance of spousal and due to his primary carer role she won’t have a strong case for higher than 50% of assets - arguably less than that

Anna713 · 18/02/2025 10:35

They are both resident in England. He will be relieved about spousal. He is hoping to get more than 50% but he offered her that to avoid court and all the costs.

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mitogoshigg · 18/02/2025 10:43

Spousal is typically for incomes over £100k and even then limited to specific circumstances. Should be a simple case of presenting to the judge

Anna713 · 18/02/2025 10:45

Thanks mitogoshigg. I hope so

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LemonTT · 18/02/2025 13:37

Spousal maintenance impacts means tested benefits. So it is likely that any (not going to happen but ) £ she gets from him would reduce benefits.

She is housed and has earning capacity even if she is now in long term sick. Her needs from the marital pot are low. Your son has a dependent and no home once this one is sold. He should go to court and ask for 80% of the equity. Maybe even 100%.

Are there any pensions floating around?

Anna713 · 18/02/2025 16:01

They both have pensions worth similar amounts. Obviously hers will cease if she's no longer working so I hope she cannot claim anything from my son's pension.

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