Divorce settlement and new live-in partner's earnings.

[whiteroseredrose]

Friend is about to divorce. STBXH has moved in with OW.

Bit of background - Friend was main breadwinner. STBXH had a management role initially but kept walking out of jobs and now is in min wage job. DC are late teens and live with friend. Refuse to see their father.

When my DM was going to move in with DstepF they had to wait until his divorce was finalised otherwise DM's earnings would have been taken into account.

Does anyone know if this is still the case? Would STBXH moving in with (wealthy) OW have any impact on the settlement?

No as the settlement is about sharing your assets.
Child maintenance is a percentage of his wages.

Thank you.

It would have an impact on the settlement to some extent - if the STBX is cohabiting then it’s assumed that his bills are shared. ie if the gas bill is £100 a month then his share would be £50. Doesn’t particularly matter whether OW is wealthy or on minimum wage though.

If your friend’s STBX had management roles previously a judge would expect him to try to obtain a similar role so as to maximise his income.

Your wrong about the OW effecting settlement.
The judge looks at what is fair...
Friend had the school age child was the one that worked, she got more if the assets 70/30 split.
He got money for a house, but his wages or lack of was not taken into account.
As he was told not her job to keep him, he was just not bothering to work.

That's good to know. I'll tell her. Thanks

OW wealth will have nothing to do with it. (Nor should it really)

Him co-habiting will to an extent as it will ve assumed he shares bills.

No honestly the judge didn't care...
Divorce is about splitting the assets.
They don't care about your rent or anything like that...
Child support is done on persentage of wages before deductions now...

Sally is correct. OW’s wealth has nothing to do with it but if he declares an OW it is assumed he splits bills. Divorce is indeed about splitting assets ‘fairly’ and every case is different, ‘fair’ is rarely a 50/50 split. ie I was awarded 90% equity in house plus a generous pension share to reflect the fact he earned 3 times as much as me and we had a long marriage, children had grown up.