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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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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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VA disability compensation in a divorce

  • wendyr
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31 Oct 13 #411997 by wendyr
Topic started by wendyr
Is my husband entitled to half my money and property during a divorce?
I am a disabled veteran rated at 100% receiving disability compensation.
Over the past 11 years I received back-pay each time my disability rating was increased. After spending the money on clearing debt and necessities for the house I put the rest in savings.
During our marriage we agreed to having separate accounts where the only joint accounts would be used for splitting the bills, and the rest we keep and spend/save as we want to.
We have been married for 20 years, and while I have been able to save a substantial amount of money from my disability compensation combined with my self employment income he has not saved anything.
In addition, most if not all of the furniture was paid for by me.
As a self employed person I have paid for most of the equipment in the home. Is he also entitled to half of that property?
He has a full time job. I do not.
I don''t wish to seek financial support from him, but since he doesn''t have any money saved can the judge order me to pay him?
My concern is the lack of fairness that can occur with the disbursal of the assets.

  • Caligula
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01 Nov 13 #412070 by Caligula
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Hi,

The quick answer is no. He may think that he is ''entitled to 50%'' but this is generally only a starting point.

Disability is one of the significant weighting factors that can defer the sharing of assets from the norm.

I have personal experience in this. I was forced medical retirement as a Senior Officer in the Police Service at the time of of my divorce and Ancillary Relief process.This was as a result of spinal surgery and disability.

The disability became a significant, central point of the court process where the Judge awarded a division of assets that fully reflected my disability and needs.

I presented myself as litigant in person and the essential part of achieving the right outcome was total preparation. You can''t just turn up claiming disability. Your potential earning capacity, needs and support has to be fully evidenced through documents.

At the end of the day, there is and has been a continuing shift of the courts away from ''entitlements'' towards ''needs'' and ''fairness''.

Hope this helps.

Regards

Phil

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01 Nov 13 #412073 by pixy
Reply from pixy
Er, I think the OP is in the US, where the rules vary from state to state. Advice on this site is largely UK based. OP needs to check out the situation in her state.

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