Assets in divorce

[lfoatw2]

Hi,

Im trying to gear up the courage to approah my estranged husband about a divorce. We havent spoken since i left 4 years ago. Since then my mum passed away and i received a death in service payment. Does anyone know if he would be able to get half or any of it in a divorce settlement?

Thanks

It all goes in to the pot but the fact that you received this from a source external to the marriage after separation means there is a good excuse for removing it from the sharing pot.

If without it you would have had an argument to get more than half the assets on a need argument the receipt of the DiS benefit may reduce your award. Similarly if there is insufficient to meet reasonable needs of you both, your husband may be able to argue that he should be awarded a share of it.

Thank you, we didnt have a joint account or a house. He had children but not me so we kept separate accounts. We are both able to live as we are separately so hoping that helps my case.

How much was the payment?

Just over 30,000. It came to me as i had grant of probate, along with a house but that is still in my mum's name. However my sister and niece live in the house and it will be my niece's.

What do you mean you got house but it's still in your mum's name?

She owned a house outright so it was part of the inheritance, but i havent changed the name on the deeds.

Is there a house involved, or other assets?
As if not you can agree it yourself and do it and save money on solicitors.

So you inherited a house and £30k. He may have a claim against some of that if there's literally nothing else.

It depends on any things.

Such as:
Length of marriage
Respective incomes and earning capacities.
Needs.
Children.

You really ought to book an appointment with a solicitor.

Thank you for the advice, i will book an appointment