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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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Married 29 yrs

  • torrebon
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09 Aug 12 #348329 by torrebon
Topic started by torrebon
Just looking for some advice. We are splitting up and have basically agreed to split everything all our assets 50/50 which allows us both to buy a smaller house mortage free. The only issue not resolved is my income which is about 3500pm. Our kids are grown up. She does not work cos she didn''t have to anyone have any idea as to what claim she has on my income is 1/3 - 2/3 the norm in such cases?

  • LittleMrMike
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09 Aug 12 #348338 by LittleMrMike
Reply from LittleMrMike
Hmmmm. All denizens on this forum are well aware of my views on the subject of SM, but I always think it''s sad when a marriage this long fails.

In the circumstances you describe an order for SM is quite likely and I''d say she''s earned it. What I object to is having to pay for 30-35 years or so for a marriage that lasted ten.

The '' one third rule '' went out on the window some time ago, but in your case I''d say there was another issue and that is pensions. If you have a pension, then a pension split would have to be considered and that, of course, does have an impact on the issue of maintenance - when the pension split kicks in. It may, and ideally should, avoid the need for SM altogether after retirement.

The maintenance itself depends on her needs and your ability to pay or contribute to them. Of course the fact that she''d have a house mortgage free does reduce those needs, but I guess it''s a question of balancing your needs and hers.


  • dukey
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09 Aug 12 #348349 by dukey
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2/3 would be very unusual indeed, in fact above 40% is right at the high end, what tends to happen is court look at what you need per month, say £2000 and then what is left is up for grabs, how much and how long depends on many factor, how old you both are your health could your wife work, when will you retire ect.

  • torrebon
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09 Aug 12 #348416 by torrebon
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I don''t think I made myself clear what I was suggesting was 1/3 for her and 2/3 for me. I accept that she deserves something and I have no problem with that. She will get a job when we split and her health is good etc. She will also have saving swhen we split of approx £100k after the house sale. I do want to be reasonable but would like to call on others experience as to what reasonable would be defined as in these circs. I know that no matter how hard I try to avoid conflict these issues will get messy and nasty. Thanks

  • maisymoos
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09 Aug 12 #348428 by maisymoos
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Are you saying she will have £100k of savings after she has bought her house, or is this her housing fund?

You really cannot look at maintenance alone but need to consider it alongside all the other assets and pensions. How they are divided can impact on the amount of maintenance and the term it may be payable for.

Also what is your wives earning capacity, if she hasn''t worked for years despite being in good health it may be extremely limited?

How old are you both?

  • torrebon
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09 Aug 12 #348535 by torrebon
Reply from torrebon
we are 52/54 and its house and £100 approx.

  • revenge
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09 Aug 12 #348536 by revenge
Reply from revenge
I''m glad you accept she deserves something. Wish my husband felt that way. He earns over £10k pm also gets £800pm pension and the ow works in a decent job. I haven''t worked for years which suited our marriage.
We will both have enough money to buy a house each after MH is sold and a bit of cash left over, it won''t be anything on the scale of the MH.
I mentioned SM to him he said he cant be worrying how I''m going to manage, and that I''d have to go out and get a job.( which hopefully in time I will.)
I doubt I will ever be able to earn enough to get a mortgage, were as on their income they could easily afford something on the scale of the MH.
He has already split the joint savings and said I now have to pay all my bills out of that,and when it''s gone it''s gone.
Sorry to waffle on but after 22years of marriage I can''t believe he feels so little for me.
I have no pension his is an armed forces pension
I am 52 he''s 46
We have no dependent children
He left for ow over a year ago.

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