Finances in divorce - at what point do you walk away?

[fingerbiter]

Acrimonious divorce currently underway and the finances is a sticking point. We sold the house when we split last year but he refused to settle for anything other than 50/50. I'm main carer for our DC, earn less, smaller pension etc but I was backed into a corner and we would have lost the house sale if I hadn't have agreed.

Now I have a solicitor who says the split should have been 60/40 as the current situation means he can afford to buy a much bigger, nicer home than I can (I won't not be able to buy at all). So my solicitor has written to his basically asking for a lump sum (25k) to balance it better and we will write off the finances as a result. A deadline was given and they've completely ignored us.

Now I have to make a decision about where to go from here. Potentially by taking him to court I could lose more than I'll gain, and my fear is by doing that I'll ruin any chance of buying a home. But is taking him to court worth it? Any advice?

The question is is the 10% you are fighting over a lot more than the legal fees you'd spend to get it? If not then in most cases 50% not too different frmo 60% and not worth fighting over.

if you were talking 100k is say do it but after court fees have been taken from that 25k I bet there wouldn't be much left so for the sake of your sanity you should maybe let it go.

I do agree that he has walked away better than he should have but it's done now. Money ain't everything.

Sounds like the cost may be to high to you to take to court. When you said he can buy a bigger house, how much?
You would think that if he needs a one bed and you need at least a two bed then % would have enable you to do that.
If you will use up all that capital in renting and be lived with zero because you are a carer and earn less then I'd be asking for more maintence at least.

Talk to your solicitor about forcing a settlement in court and get an idea of costs - you don't need a barrister, but obviously your solicitor will charge for their time (I paid for five hours, but my XH was playing silly sods - and ultimately I got what I wanted for my dcs.)
If it's worth it, go for it - you'll get 50 / 50 anyway.

Does he have a much bigger pension than you?