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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.

What is a fair split?

15 replies

Twogorgeousgirls7 · 12/04/2025 14:06

We’re heading towards our second court hearing and probably not in agreeance. What would be a fair split?
house value finally agreed at £515k - no mortgage outstanding. He is still there with DD2 (15) I moved out into rented flat with DD1 (17). He’s not paid a penny.
he has some bigger pensions including a final salary one, mine are tiny as I stayed at home with the kids for nearly 7 years and wasn’t earning or progressing. However he has dropped his salary from nearly 6 figures to a self employed role where he says he has no mortgage raising capacity.
what do you think we’d be looking at as a fair split?

OP posts:
Carrythelight · 12/04/2025 14:19

I'd say 50:50 sounds fair. Which means half the equity and half the total pension pot, so he'd have to give you some of his. I don't know about maintenance if you've got one DD and he's got the other? They're nearly 18 though, so it wouldn't be for long anyway. His lack of mortgage raising capacity is his problem. What does he want?

77Fee · 12/04/2025 14:31

What do two bedroom flats cost wherever you are @Twogorgeousgirls7 ?

Normally they look at earning capacity. What's his reason for going self employed and dropping his salary massively?

millymollymoomoo · 12/04/2025 16:47

50:50

you say he’s not paying … paying what? He doesn’t need to pay your rent.

you were only out of work for 7 years and that sounds like it was at least 8 years ago so plenty of time to progress a career and earnings. Your ex is allowed to take a step back, particularly if in a stressful role

Twogorgeousgirls7 · 12/04/2025 18:01

Carrythelight · 12/04/2025 14:19

I'd say 50:50 sounds fair. Which means half the equity and half the total pension pot, so he'd have to give you some of his. I don't know about maintenance if you've got one DD and he's got the other? They're nearly 18 though, so it wouldn't be for long anyway. His lack of mortgage raising capacity is his problem. What does he want?

Everything, at a push 20% of his pension for the years I wasn’t working…

OP posts:
Twogorgeousgirls7 · 12/04/2025 18:02

77Fee · 12/04/2025 14:31

What do two bedroom flats cost wherever you are @Twogorgeousgirls7 ?

Normally they look at earning capacity. What's his reason for going self employed and dropping his salary massively?

around £950. He chose a voluntary redundancy then decided he didn’t want to be employed anymore - I know that’s his prerogative

OP posts:
Carrythelight · 12/04/2025 18:06

Do you mean he wants the entire £515k of equity? But he might give you 20% of his pension?

Twogorgeousgirls7 · 12/04/2025 23:50

Carrythelight · 12/04/2025 18:06

Do you mean he wants the entire £515k of equity? But he might give you 20% of his pension?

It’s looking that way yes!

OP posts:
Unexpectedlysinglemum · 13/04/2025 09:15

How much would two two bed flats be in your area? If 250k you can split 5050 without mortgages

Unexpectedlysinglemum · 13/04/2025 09:16

millymollymoomoo · 12/04/2025 16:47

50:50

you say he’s not paying … paying what? He doesn’t need to pay your rent.

you were only out of work for 7 years and that sounds like it was at least 8 years ago so plenty of time to progress a career and earnings. Your ex is allowed to take a step back, particularly if in a stressful role

Well them he should be paying her occupational rent on the paid off marital home as she isn't getting use of the marital home

Unexpectedlysinglemum · 13/04/2025 09:17

Sorry how can a house be 515k but a two bed flat be 950k? Or do you mean that's the rent?

jackstini · 13/04/2025 09:30

As you have 1 child each staying with you, it should be 50/50 of all assets as a starting point

zero equity and 20% of his pension is laughable. But seriously, hope you have a good lawyer

Tiswa · 13/04/2025 09:35

What are your ages?
What did the first hearing say?
Why did he drop down?
I assume you are earning

anyway it is all moot as 50/50 seems fair equity and pensions!
70/30 tends to be the biggest split and nothing here says that

does he have legal representation because he is in another planet if it is anything other than 50/50

Tiswa · 13/04/2025 09:36

millymollymoomoo · 12/04/2025 16:47

50:50

you say he’s not paying … paying what? He doesn’t need to pay your rent.

you were only out of work for 7 years and that sounds like it was at least 8 years ago so plenty of time to progress a career and earnings. Your ex is allowed to take a step back, particularly if in a stressful role

Yes he is but not as leverage to demand a higher percentage of equity.

TimeForABreak4 · 13/04/2025 09:41

I'd go for 50/50, even though you were out of work if you get 50 percent of his pension he earned during that time then you are benefitting and youl get 50 percent equity in the house which he'd paid during that time. You have one child each. If you start talking about maintenance, you will potentially shoot yourself in the foot as your ds turns 18 before your dd, so he could claim it from you for longer if you put a claim in and he decides to counter claim, which is his right.

millymollymoomoo · 13/04/2025 11:25

@Unexpectedlysinglemum he would simply argue she does not need to move out. Many divorcing couples live together while doing so to avoid additional housing costs and yes I understand the notion of occupational rent in reality it doesn’t happen

@Tiswa sure, but perhaps also as he’s getting older wants to take a step back . As I do. We don’t know.

anyway, op needs to crack on with the divorce, and negotiate settlement which based on the limited info here will be 50:50 or near that

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