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Splitting of matrimonial assets

  • Iwillendthis
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11 Sep 18 #503789 by Iwillendthis
Topic started by Iwillendthis
I have just used the Divorce Calculator to get a very rough estimate on the finances and am astounded at how much it is suggesting my wife would get.

I have been married 20 years, have two teenage kids (under 16) and my income is 4 times hers because she is lazy - no other reason.
I am paying most of the former family home bills/mortgage etc and am living on the breadline as a result.

She abused me for 20 years and I fled the home last year.

I have just used the calculator which has stated:-

"Splitting the assets:
Next we share out the net joint assets based on factors such as:
length of marriage, relative incomes, who cares for any children.

Wife's share: 80%
Husband's share: 20%"

Why is she entitled to 80% of the worth of the family home when I work my butt off full time and she only works part-time and won't change her lifestyle to save money (why would she when I am bank rolling her)?

Why is it not 50%. She is the abuser, she chooses to work part-time and hasn't got a career because she has never worked hard like myself?
I pay her way more than the statutory legal requirement.
She is carrying on as she always has, where as I now have a long term mental disorder caused by the abuse, can no longer drive as a result and my life is in tatters?
Someone, please tell me something good about my situation.

(In addition to my mental health problems - seizures and brain freeze) I have depression, been suicidal and lost my formal life!

  • .Charles
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11 Sep 18 #503790 by .Charles
Reply from .Charles
The simple answer - she is not entitled to 80%. The calculator should be taken with a very large pinch of salt as it cannot apply the principles of law.

The starting point is 50:50 then you look for reasons to depart from this. If the assets are not enough to provide you both with properties, there has to be adjustment to allow for that.

Earning capacity is relevant as your wife presumably looked after the children and lost the ability to progress her career whilst having the children.

That is a difficult argument to counter as you might say she is last and she might say that she did all that was expected of her.

Whatever you each did is valued at the same therefore you have contributed equally to the matrimonial pot. That is how the court will look at it. So, you have unequal earnings capacity but that will be levelled a bit by child maintenance and other factors.

Your wife will be expected to maximise her future income, subject to child care responsibilities.

There are a lot of issues to consider and you are better to seek the advice of a specialist family solicitor to give you a true idea of what you might expect. Ages, income, mortgage capacity, children, pensions - there are a lot of factors which affect the outcome.

Charles

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