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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

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utopian "Fair Split"?

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18 May 12 #331487 by jobsworth
Topic started by jobsworth
Hi wikis
first post on a new ID....

Married 2004, cohab since 2000
STBX left spring 2011.

Assets
FMH 360K (no mortgage)
STBX NHS pension CETV 250k (actuary est 500k+)
ME 3 small pensions total CETV 55k

STBX medical profession 100k+ sal,
Me ex-houseperson, trying to get p/t small business going.

Investments (stocks, shares ISAs etc) £400k

2 kids 6 & 3 (ages now 1yr after STBX left)
4nights w me (school)
3nights w stbx (long wkends)

STBX has a progressive episodic neurological disease & was diagnosed M S & claimed on asstd insurances during marriage - paid off mortgage on FMH & rest invested.

Hope that''s enough to be going on with? any more info please shout...

Anyone care to hazard how a court might view that lot and/or what is a "fair" division of assets?

Any other comments welcome

Thanks
Jobsworth

  • maisymoos
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18 May 12 #331502 by maisymoos
Reply from maisymoos
Well you can both be housed on the assets so the starting point would be 50/50 split on assets.

Spousal maintenance would seem likely on that salary but what are the longer implications on his ability to earn?

A pension share would probably be the best way to deal with the large differential in pension CETV''s.

How old are you both?

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19 May 12 #331516 by jobsworth
Reply from jobsworth
Hi maisymoos
I am 44
She 42
I''m keen to keep FMH if poss

Thanks

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19 May 12 #331521 by jobsworth
Reply from jobsworth
Sorry missed the one on implications- piece of string job I think. So far I don''t believe any time off work has been necessary but no-one knows when/if that will change...
Thanks

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19 May 12 #331622 by maisymoos
Reply from maisymoos
It would seem feasible that you keep the FMH, you still live there and have children for 4 of the 7 nights.

Your stbx keep the majority of the savings to rehouse.

If you both had a share equivalent to £360K your STBX some extra to cover purchase costs. Say £370k. There is still £30k savings left to negiotiate.

A pension share is likely to be appropriate here too.

Your stbxs ability to continue to work as you say is unknown. If SM is granted it may not be a long term payment if her health means she can no longer work!

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19 May 12 #331669 by jobsworth
Reply from jobsworth
Hi
How would/should a Clean Break work out do you think?
Thks

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20 May 12 #331891 by maisymoos
Reply from maisymoos
Hi again I think so much depends on your stbx ability to continue working. If she has to stop her income will be very limited, and SM would not be affordable. You could possibly look towards receiving a bigger asset share and no SM. Although would this appeal to her?

If you received SM your stbx could then apply for a variation if she were no longer able to work, so this would possibly be fairer.

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