is this right?

Well now, let's see. As a rule I start with the marital home. As a general proposition I don't think it's right to deprive a man of the entirety of his interest in the house. The fact that he has a much higher salary, and therefore a higher mortgage capability, is relevant. I think a two bedroomed house is reasonable, as he has a son. You will probably need something broadly similar. In view of the disparity between your earnings and his greater mortgage capability I would expect your share on a sale to be between 65-75%.

What your husband is finally left with after paying CM, tax and pension contributions, if any, will not be anything like £110K. The CM drops off in a few years, and as he is younger he has five years more perhaps to rebuild his pension than you have, My own view is that your share should not be less than 30%, and I
think it is unlikely to exceed 40%.

I think perhaps some modest spousal maintenance would be justified to assist with the mortgage payments. In any event, you need, at the very least, a nominal order in case you lose your job or fall ill. But some SM to assist you with the mortgage would not be illogical. It should reduce to a nominal order only when the pension sharing is actually implemented.

I think that if I were the judge I would award you 20 - 30K of the assets to even things out a little.

You really must not take this as any more than a rough guess. You can argue with me till you're blue in the face but it isn't me you have to convince, of course. You should take advice and not treat what I have said as though it came down from Mount Sinai on stone tablets

LMM

I believe that it is important to consider what you want to achieve out of your financial settlement as a whole and prioritise your personal and financial goals.

This will enable you to decide which things are most important to you now and in the future. Some things will be pressing like where to live/securing an immediate income stream but longer term goals such as retirement should also be factored in.

You will then be able to enter the negotiations with confidence knowing what you want to achieve most and what issues are of most importance to you. As LMM has stated below it is you that will be negotiating/convincing the other side.

Next you can turn your attention to the assets in the marriage. Which ones will you need or need a part of to achieve your goals. What are you prepared to compromise on/ what are you not.

You will need to be confident about your options in relation to these assets/ pensions and that they are being valued properly. Are their true values being taken into account. With pensions there can be some pitfalls when it comes to values. A review of the valuations and assets can reveal this information.

I hope this helps. If you need any more please post again.

Regards

Phil


Please note: Although I am a Resolution Accredited Independent Financial Adviser my comments are given here as general guidance ­­­­­­­­­­­base­­­­­­­­­­­d on the (often limited) information available and does not constitute financial advice. They should not be seen as a substitute for detailed financial and legal advice.