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Asset split

  • newlife
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16 Jan 08 #10832 by newlife
Topic started by newlife
Having entered my details, the calculator says my wife could be entitled to 80% of our assets! This is at odds with my solicitor, my barrister and even my wife's barrister's opinion! I must admit to never having seen an 80/20 split. My circumstances are not unusual, house, business, childcare split (I have 3 nights per week) etc so I wonder whether myself and my legal team are living in cloud cuckoo land and the judge (as we are waiting for a final hearing) will shock us all with this kind of decision. Can anyone give me any hope that 50/50 is more likely?!:(

  • loobyloo
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16 Jan 08 #10835 by loobyloo
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Newlife
at my fdr...which was non conclusive and gone to fh.... the dj recommended a 50-50 (i have sole 24/7 kids he dosent bother with them)off assets a pension share and sm until i cohabit...hard to prove latter
so i would in my case lke to hope for 80-20 but highly unlikely i would say so dont panic
looby

  • DownButNotOut
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16 Jan 08 #10836 by DownButNotOut
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Hi,

Could you cut and paste into a post the output of your generated report? Then i could probably comment.

Of PM it to me if you dont want to make it public.


- Was marriage long?
- Were assets all accrued during marriage?
- Did she bring significant assets into marriage?
- Is your earning capacity a lot lot higher than hers?


rgds

DBNO

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16 Jan 08 #10842 by newlife
Reply from newlife
Married 18 years
all assets accrued during marriage
she brought no assets
my earnings capacity is a lot higher

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16 Jan 08 #10843 by DownButNotOut
Reply from DownButNotOut
OK..

so it is the earnings capacity thing that is skewing the split away from 50:50.


What the calc doesnt do so well is handle the options you have to go for Clean Break vs 50:50 plus spousal maintenance.

It sometimes shows an asset split more towards what might provide a clean break (i.e. 80:20 for example)...but still (wrongly) shows full SM as payable also.

If you split assets 50:50 you will likely be in for a lot of years paying high spousal maintenance (30% or more of salary)

rgds

DBNO

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