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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.

What steps can we take to reach a fair agreement?

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Advice needed - financial split

  • foolycooly
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04 Sep 12 #353751 by foolycooly
Topic started by foolycooly
Hi,

I am filing for divorce on the 1st October from my wife due to adultery on her behalf. we are trying to keep it amicable, and we have already spoken on the division of assets which I have agreed 50:50 to, but she is now making noises about pushing for Spousal Maintenance and I haven''t a clue where I stand on this.

History:

We have been married for 11 months, but have been together for just over 11 years.
There are no kids involved
marital home is rented out, and we are both getting a new rental place each
she is fully employed earning ~£28K
I am fully employed earning ~£82k
I have shares valued at ~7k and I have debt of about 20k

Does she have a case for Spousal Maintenance, or has someone been giving her duff advice?

She did start proceedings by saying that she wanted nothing at all, but I offered her the 50:50 split of the property as I felt that would be fair, I don''t want to screw her over.

  • TBagpuss
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04 Sep 12 #353792 by TBagpuss
Reply from TBagpuss
you earn more than twice what she does, so yes, it would potentially be reasonable for there to be some adjustment to take this nto account. Spousal maintenace is one way of doing this, another option would be for her to some additional capital,in lieu of maintenace.

Although your marraige is short, it is in the constext of a longish relationship, which is potentially relevent when looking at finances.

There are a lot of variables - things like how your finances were organised when you were together, your joint lifestayle, how far you kept your finaces separate during the relationship etc but it''s not something which can be ruled out as inappropriate

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