Division of assets on separation

[toobusytothink]

My husband and I have been separated since September. He has moved out of the family home and it is amicable. We are sitting down on Tuesday to talk about division of assets and maintenance payments. He earns a LOT. I am a teacher. He has kids every Friday and every other w/e but I have them all during the school holidays. My question is what should I be asking for? I don’t want to take the piss but don’t want to take less than is fair either. Would 50% of pension plus 70/30 on family house sale be a good starting point?
Thanks for any advice

Well first you need to look HERE regarding maintenance.
Do you have a pension?
Do you work?
What other assets do you have?
Cars, properties, savings, ISA's, stocks & shares, pensions, etc....
I would listen to what he has to say, then engage a solicitor to discuss it with them.
Do NOT agree to anything during this first meeting.
He may be very generous.
I'd play dumb and see what his offer is and then take it from there.

It is based on need, not a straight percentage. 50/50 is always the starting point, and then adjusted according to need. You need to start from what sort of house you need. How much will that cost? Is that affordable on 50% of the equity, or do you need an upward adjustment? You can't take 70% just because you earn less - it has to be driven by your needs. You almost certainly will end up with more than half, but it has to be evidence-based.

As for the pension, as a teacher you'll have a good one, so he can claim on that, too. You can just offset that against the value of his. 50% isn't necessarily right on pensions, especially if you get over half of the house.

Other assets need taking into account as well.

I think you are asking for a lot. Have you not got your own pension???

Why is that asking a lot? Genuine question. I have kids most of the time and he has much higher earnings so can afford more mortgage than me. Yes I have own pension but it is much less than his and I took time off to bring up kids

Every case is different, with 50/50 starting principle based on matrimonial assets (as PPs have said, look at everything) and both sides' pensions adjusted for needs. My own view, not necessarily the legal view, is pensions not accrued during the relationship should not be shared unless required to meet needs. Might be worth negotiating more equity/cash assets offsetting against pensions (not the same thing pound for pound, as one is not usually accessible for years and the tax treatment is different).

We just don't know enough of your circumstances including how long your relationship was for, or how old the children are. If there is sufficient equity from your share of sale to purchase a suitable place to meet your needs (with or without mortgage).

Teacher's pensions are usually quite valuable. If your ex has a DC pension you may find that yours holds up reasonably against it.

You will be entitled to a decent amount of child maintenance, if he is a high earner.

I would seek a solicitor for advice, even if it is amicable.

You can ask. Doesnt mean you get of course.
If its amicable discuss by mediation but everything is taken into account. Getting 70% if the house because he earns more isnt necessarily fair. Ie if he was also a teacher would you even be be living there in the 1st place? You are benefiting from this earnings even with 50/50 on the house

You need to see a Lawyer x

The standard position with pensions is 50/50 of the total pot, so they're effectively equalised, you'll both need CETV (cash equivalent transfer value) calculations from your pension providers to determine what pension share is needed.