Will SAHM get a better than 50:50 split?

Hi there,

I hope some of you can help. I was a stay at home mum for about half of our marriage, and I now have a small part-time job.

My stbx on the other hand had a lot of career progression in that time - and is earning more than double now than he did at the start of the marriage.

Based on all our assets, if we had a division 50:50 I would really struggle to keep the family home. Whereas if the division was even 60:40 in my favour I could keep it a lot easier, and he could keep his pensions and investments etc.

Does this sound reasonable and realistic?

I have a solicitor and we are going to court, however my solicitor doesn't seem particularly concerned whether I keep the home or not. And I'd like to do it without a Mesher order, to get more of a Clean Break.

You need to post more details of ages, incomes. assets, children and length of relationship.

Depends on the house too. Is it bigger than you need?

Sunnvyhols,

As Wyspecial says, it is impossible to give a definitive answer to this question without a lot more information.

What I can say is, first of all, that the Court's main concern is to house both parties, although in most cases that we come across, that means that one of the ex spouses usually has to rent.

The second is that the needs of the child will always have
priority.

Nevertheless, the Court is most unlikely to deprive your ex of all his interest in the former marital home. He may have to wait some time before he can realise it though.

It may indeed be a possibility to do a trade off whereby you get a
share larger than 50/50 and he is compensated by a share of the other assets. On wiki we often come across cases where the wife gets between 60 and 70% but part of the reason for that is that the husband's mortgage capacity is larger.

Your suggestion is indeed well worth exploring, but your ex will need a home and ideally it should be large enough to allow him to have staying access for your child.

But again, without full facts it is impossible even to make an educated guess.

LMM