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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.

Urgent - Does this sound like a fair split of assets on divorce

108 replies

Amicablecouple · 01/04/2025 10:45

My husband (of 16 years) and I are going through a divorce. We just do not love each other anymore and want different things from life now and in the future.

We are talking very amicably and are at present discussing our finances.

I would love to know anyone's thoughts on where we are and if it would (or is) considered a fair split of assets by you or would be by the judge.

Assets
House - £380000 (no mortgage as my husbands parents have given us over £100000 over our marriage to pay off the mortgage)
Money in accounts investments and savings - £65000

We have vehicles etc but these will be easy to split as they are worth pretty much the same so we will just keep our own.

I have been a SAHM for the past 12 years but have been back at work for the last 4 years working 3 days a week. Take home pay for me is £900/month.

My husband works full time and takes home £2600/month

He has a pension which we have decided to split 50/50 for the 16 years we have been together (he has 5 years paying into it before we met which he will keep)

We are looking at a complete 50/50 split of everything.

380000 / 2 = £190000
65000 / 2 = £32500

Total = £222500 each.

We are trying (big priority for us) for him to keep the family home so that it has minimal impact on the Children and I will buy another house and probably take on a small £50k mortgage to do this. I simply could not take on such a large mortgage and would not get one approved either.

My husband will have to take out a large mortgage and will just about struggle to pay it and everything else on his pay but he thinks he can just about manage it for the children's sake even if it is going to be very hard. He will look to sell once on the youngest (now 11) finishes school.

We will share the children on a 50% bases.

I will have to get Universal Credit to help to pay for my mortgage etc. and possibly also work full time.

We have grave concerns that as on paper it will appear to a judge that I will need more of the assets to support me in buying a house (£900 per month is not going to come close to what I will need) but in fact once UC and child benefit are taken into account I will actually be on a similar monthly income to him but he will have a large mortgage and larger household bills (tax, energy etc) so I will probably have a good bit more disposable income than him.

Does anyone know if a judge will take this UC payment into account when judging 'fairness' of the asset split? (I'm obviously not receiving it yet but I will once we fully divorce).

Any advice, thoughts or comments would be VERY greatly received!

OP posts:
Miley23 · 01/04/2025 19:25

confusedlots · 01/04/2025 11:25

I don’t imagine you’ll qualify for UC though? What makes you think you will, and how much are you hoping to get from UC?

Op will qualify for UC on her current earnings as long as they disregard the divorce settlement because it's being uses to buy another home.

Miley23 · 01/04/2025 19:29

babasaclover · 01/04/2025 18:04

It’s really unethical to expect universal credit to pay for your mortgage. Not sure why you think it’s up to the tax payer and cannot believe your expecting it tbh.

you will news to come up with a different solution.

this is actually the most unreasonable thing I’ve ever come across on here in nearly a decade. No wonder this country is completely destroyed.

Edited

Uc doesn't pay anything towards a mortgage, there is no housing element that covers a mortgage, so the amount she will be getting from UC will be the standard element for herself and two child elements,. The very generous work allowance that people with mortgages get means that there will be very little UC deduction for op's earnings. The work coach could say she needs to work more hours but this seems to be poorly enforced and it sounds like op will be looking for more hours anyway.

Miley23 · 01/04/2025 19:31

fraughtcouture · 01/04/2025 14:56

Why can’t you work full time? How can you expect more from UC than wages, when your youngest child is 11? I’m shocked benefits are even an option here to be honest, why should you claim from the state when you will have £222k in a settlement?!

I agree but that 222k can be disregarded for a while as long as another property is being purchased.

millymollymoomoo · 01/04/2025 19:48

It’s clear you’re both trying to consider all options and stability for the children

it sounds like

you ex can’t really afford the mortgage to buy your share out. While on paper it might seem
doable it’s a high amount vs monthly income and will leave him struggling

you need to work full time. There is no reason why you shouldn’t. What would your full time earning be because 900 net monthly for 3 days sounds low.

you should qualify for uc top up ( but should expect to work full time)

there is zero chance of spousal maintenance on his salary

make sure you get cb

what are avg 3-4 bed property prices like in your area?

it’s not right to expect ex to move out and incur rent while your live in mortgage free fmh. If he did id expect him argue for higher split as compensation ( might not get it but would t expect to tie his asset up you get some use then him still only get 50%)

RandomMess · 01/04/2025 19:52

I think nesting for a couple of years whilst you get a full time job and you both save hard and then ultimately sell and buy 2 homes is worth considering.

Financially I think keeping the marital home and buying another one seems unaffordable. COL and increasing costs of teenagers could make for a very miserable lifestyle just to keep the house.

rubberduck68 · 02/04/2025 15:58

Coconutter24 · 01/04/2025 17:36

It’s not something I would consider, it’s not just about new relationships I just wouldn't want that tie to an ex. Everyone’s different though.

I couldn't have done it with my ex either! I guess it depends on the people getting divorced. My friends were very amicable and still hang out as a family with new partners etc. years later.

HuskyNew · 02/04/2025 16:02

Buttonknot · 01/04/2025 12:25

Honestly OP, I would revisit the decision to keep the family home. It sounds like this will be a massive struggle financially, and I think your kids will be far worse affected by that than by moving house.

This. It sounded unaffordable anyway. The kids WiLL be affected like it or not. Better to bring stability than hope & financial ruin

Trinzy · 02/04/2025 18:29

Notaflippinclue · 01/04/2025 12:22

Does this mean when you get divorced the tax payer picks up the tab?

No wonder this country is fucked.

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