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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 reasonable financial split?

8 replies

MissmyoldLab · 27/04/2025 21:07

First time posting on here. I've submitted the divorce paperwork online today and STBXH wants to talk finances. Bit of background, both mid 50's, long marriage and kids now young adults. We both work full time- my take home pay around 3k and his 2k. No debts to speak of except small mortgage.
We've touched on finances before, and I've suggested it should be pretty straightforward- 50/50 on house and keep our own pensions (his is worth more than mine due to PT working when kids were younger). He reckons due to an inheritance he had around 2010 he should get more equity. I feel I could argue this due to lost pension when raising family and fact that I have brought more £ into the marriage which he has benefitted from. I'd like to know everyone's thoughts on this please.
Also as a side note, is a D81 needed before a consent order can be drafted? Should I wait until I have both CETV before I firmly agree to how the finances will be split. I am keen to keep this amicable but appreciate I need to view this as a business arrangement. Thanks in advance.

OP posts:
BeerAndMusic · 27/04/2025 23:44

What values are we talking about here (i.e. add all assets and take all debts) and what are you left with in total - how much was inheritance and what happened to that (i.e. pay off some mortgage or spend on car/holiday)? Same with pensions - 80k v 90k or 70k v 200k for example?

Mumof3confused · 27/04/2025 23:59

You’re entitled to a share of his pension and he’d have a hard time arguing he should keep it if you are about the same age.

He can most likely wave goodbye to the inherited funds if it’s been invested into the family home or spent on family such as holidays etc.

You having been the higher earner isn’t really something you can use as an argument.

What will you each be left with cash wise from the sale of the house if you split it equally and what will that buy you in your area?

How much is his pension CETV vs yours? Is either of them a final salary or similar pension, for example teachers pension?

Ponderingwindow · 28/04/2025 00:15

If the inheritance was 500k, he might have a point. Unless it was an earth shattering amount though, he is unwise to start quibbling over it he house because then you are perfectly entitled to ask for your share of his pension.

BernardButlersBra · 28/04/2025 12:14

He can't have it both ways. Personally l would go after his pension, just was after all you who facilitated him at your own expense

LemonTT · 28/04/2025 15:44

Your post implies there are swings and roundabouts to be negotiated upon. It also implies you have a fairly good insight into marital finances. If you can get to something you both feel is fair for you and doesn’t need litigation then it is a job done.

You earn more, but that might not be relevant. Depends on why he earns less and housing market.

you both are working but will retire in 10 years.

The inheritance argument won’t be a strong factor if you go to court but the income disparity might be.

Court is expensive and the outcome is uncertain.

MissmyoldLab · 28/04/2025 21:15

Thanks everyone for your input. I reckon we have approx £365 equity in the house which could buy 2 smaller properties. His pension is worth approx £449k, 364k DB scheme and £85k DC scheme. Mine is approx £342k- £325 DB and £17k DC.
The inheritance was £100k- £30k spent on house and rest absorbed into family "stuff".
Would the salary difference be a factor also, would I be expected to provide spousal maintenance? My STBXH has never been a careerist- hence the salary difference. Although is now looking for promotions which is interesting...

OP posts:
Mumof3confused · 28/04/2025 22:00

To be honest he will regret arguing that he should get more equity as your suggestion seems very reasonable. For spousal maintenance to be awarded he would have to prove that he needs it AND that you can afford it. It’s unlikely you’d have to pay SM based on these figures but you may be deemed to have a higher mortgage capacity than him, and therefore ‘need’ less equity. But if that happened you’d simply be able make that up with more of his pension.

He could potentially be entitled to some universal credit also.

BeerAndMusic · 28/04/2025 22:59

I am guessing he COULD claim he should get more than 50% due to earnings but then the pension offsets that.

It's not black and white - your solicitor would probably say you have grounds for 50/50 and 50k of his pension, his would say he has grounds for 55% equity and 50 k of pension.

Legal fees would rack up quickly - 50/50 and leave pensions is probably the less stressful route

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