What split is fair

[Newyearbee]

Having not worked for many years due to raising kids and then ill health (still on long term sick), is it fair to assume I would get more than 50/50 division of marital assets? Does anyone have experience of this and can suggest a likely cut on house/pension etc? Thanks

How old are the kids?

16 & 18

Are you actually married?

Yes.

Kids (now both technically adults) to be shared 50:50

I think that it could still be 50/50 of the assets as a starting point, if the size of the “pot” means that your needs can be met

50/50 , learn to take care if yourself and ffs leave his pension alone

Why leave his pension alone. If I don’t have future earning potential like he does, am I not likely to get more than 50/50 split of assets?

I’d assume 50/50 as a starting point - you’ll need to see a lawyer.

Pensions are part of the marital pot "ffs"

It depends on the circumstances OP, how much is in the pot for example.

It is needs based, there is no rule that says you both have to be equal forevermore after divorce, just that both needs are met as much or aa fairly as possible upon divorce. If a 50% split would allow you both to adequately house yourselves, children are adults, likely a pension sharing due to your time out of work, then there is no reason you would get more than 50%. The purpose of divorce is not to try and make you equal forever, just to ensure a fair separation- you’ll also be expected to support yourself.

Not necessarily

will depend how much assets there are, what 50% gives you ( including pension) and if your needs can be met with that.

you might get a slightly higher share but a court won’t leave your ex with practically nothing and having to start from
scratch practically especially as earnings are not secure etc. he could lose his job etc

unless of course he’s a ceo on millions.thst might change the advice

Does mediation address all this sort of thing?

Tbh no I would assume 50:50 as the dc are practically fully grown.

In fact the 18yr old may not even be considered a dependent…it entirely depends on the situation.

Mediation will give you both a chance to put forward your proposals and why and see if you can reach agreement

what are you hoping for ?

OP, I just had 60% of house approved and my kids are the same age. As others say it is all about how much there is to go around though, your age, length of marriage, etc. It isn't the same for everyone, but age of children isn't always relevant if you are the main residence - they aren't going to be financially independent any time soon.

What about his pension? And what if the kids can equally reside between 2 homes?

What would be the rationale for you receiving more than 50 percent of the assets? I’m not a lawyer but I thought 50/50 was most usual.

both of your pensions are included in the pot to be split along with all the other assets/debts. I think you sound savvy enough to have realised this, but ignore the poster above talking about ‘his’ pension, they’re joint regardless of name the length of the marriage. As they should be.

You need competent legal advice. But first educate yourself….. Wikivorce, Divorce for Dummies, family solicitor websites. Make sure you have a clear idea of all assets - and yes, this definitely includes all pensions.

Could you not have worked before you became ill ?

The eldest won’t be counted, unless they they are still in education until 19. The other hasn’t got long to go - realistically they’ll also be an adult by the time you can sign on your divorce.

If one party has a lower future earning potential than the other due to one looking after the house and kids whilst the other advanced their career and thus future earnings, then it’s fair that they get more than 50 to offset this.

Does poor health and being unable to work come into it?