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  • FIRST POST
    • Kjbr09
    • By Kjbr09 5th Jan 18, 7:07 PM
    • 1Posts
    • 1Thanks
    Kjbr09
    Separation and money rights
    • #1
    • 5th Jan 18, 7:07 PM
    Separation and money rights 5th Jan 18 at 7:07 PM
    Hi there
    Complete newbie here.
    This is going to sound mercenary, but here goes:
    Iíve been with my husband for 19 years, married for 13 of those. I want to separate and eventually divorce but because of the children have stayed. Itís now becoming unbearable and have started counselling but we found out this week that husband will receive a cash settlement from his job of over £75k in May this year. My question is, if we have separated before the date, do I have any entitlement to the money or can he keep it all? I have sacrificed my career to support his job while our children (now 10 and 7) were small and feel I ought to have at least a share of the money.
    Any advice gratefully received.
Page 1
    • NotSuchASmugMarriedNow
    • By NotSuchASmugMarriedNow 5th Jan 18, 7:43 PM
    • 566 Posts
    • 1,106 Thanks
    NotSuchASmugMarriedNow
    • #2
    • 5th Jan 18, 7:43 PM
    • #2
    • 5th Jan 18, 7:43 PM
    Your divorce won't come through before May anyway so when negotiating the finances just include the £75k,
    Overactively underachieving for almost half a century
    • elsien
    • By elsien 5th Jan 18, 7:48 PM
    • 15,672 Posts
    • 39,498 Thanks
    elsien
    • #3
    • 5th Jan 18, 7:48 PM
    • #3
    • 5th Jan 18, 7:48 PM
    A more accurate answer would seem to be "it depends."

    https://www.newlawjournal.co.uk/content/big-bonus-split
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • martinbuckley
    • By martinbuckley 5th Jan 18, 11:27 PM
    • 724 Posts
    • 736 Thanks
    martinbuckley
    • #4
    • 5th Jan 18, 11:27 PM
    • #4
    • 5th Jan 18, 11:27 PM
    and don't forget to include any potential inheritance you may receive in the period up to your divorce.
    • Little_Zoey
    • By Little_Zoey 10th Jan 18, 10:57 AM
    • 69 Posts
    • 2,653 Thanks
    Little_Zoey
    • #5
    • 10th Jan 18, 10:57 AM
    • #5
    • 10th Jan 18, 10:57 AM
    OH my goodness. Other than the 75K, this situation is identical to me.
    Two kids, we have been married same amount of time and stayed together over a nearly unbearable 20 months.
    I sympathize.
    Zoey
    ______________________________
    2014 - Gu Puddings and Coffee
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    • Comms69
    • By Comms69 10th Jan 18, 12:16 PM
    • 1,798 Posts
    • 1,640 Thanks
    Comms69
    • #6
    • 10th Jan 18, 12:16 PM
    • #6
    • 10th Jan 18, 12:16 PM
    Hi there
    Complete newbie here.
    This is going to sound mercenary, but here goes:
    Iíve been with my husband for 19 years, married for 13 of those. I want to separate and eventually divorce but because of the children have stayed. Itís now becoming unbearable and have started counselling but we found out this week that husband will receive a cash settlement from his job of over £75k in May this year. My question is, if we have separated before the date, do I have any entitlement to the money or can he keep it all? I have sacrificed my career to support his job while our children (now 10 and 7) were small and feel I ought to have at least a share of the money.
    Any advice gratefully received.
    Originally posted by Kjbr09


    You're right it does sound mercenary.


    Your rights to the money depend on the basis of their award.
    • MataNui
    • By MataNui 10th Jan 18, 2:06 PM
    • 917 Posts
    • 487 Thanks
    MataNui
    • #7
    • 10th Jan 18, 2:06 PM
    • #7
    • 10th Jan 18, 2:06 PM
    Wonder if your soon to be ex will be posting on here about his greedy money grabbing ex who wants half of his bonus?

    Courts have discretion. Nobody here (or even your solicitor) will be able to honestly give you an answer. You can claim for it, you may or may not get it. Though. After separation he can do what he wants with it until the divorce court makes a ruling. Its entirely possible he could spend the lot on drugs, alcohol and hookers as soon as he gets it. Then there is nothing to divide.
    • FBaby
    • By FBaby 10th Jan 18, 4:49 PM
    • 16,297 Posts
    • 40,575 Thanks
    FBaby
    • #8
    • 10th Jan 18, 4:49 PM
    • #8
    • 10th Jan 18, 4:49 PM
    I have sacrificed my career to support his job while our children (now 10 and 7) were small and feel I ought to have at least a share of the money.
    The good old 'I sacrificed my career for my husband, if it wasn't for me being so good to him, I would be earning a fortune by now' line!

    You'd think every SAHM who has a degree, or had a job over minimum wage before having children would be in top management if it wasn't for their sacrifices, which of course was only for the benefit of their husband because they certainly had no interest in being a SAHM themselves in the first place.

    This is quite a huge sum for a settlement, what kind of settlement was it?
    • TBagpuss
    • By TBagpuss 10th Jan 18, 7:59 PM
    • 6,166 Posts
    • 7,931 Thanks
    TBagpuss
    • #9
    • 10th Jan 18, 7:59 PM
    • #9
    • 10th Jan 18, 7:59 PM
    Wonder if your soon to be ex will be posting on here about his greedy money grabbing ex who wants half of his bonus?

    Courts have discretion. Nobody here (or even your solicitor) will be able to honestly give you an answer. You can claim for it, you may or may not get it. Though. After separation he can do what he wants with it until the divorce court makes a ruling. Its entirely possible he could spend the lot on drugs, alcohol and hookers as soon as he gets it. Then there is nothing to divide.
    Originally posted by MataNui
    The overriding aim for a court is to achieve an outcome which is fair and reasonable, taking into account all the relevant circumstances.
    So if the husband were to fritter away the bonus then a court could take that into account in deciding how the remaining assets such as any house or pension, were split. So while you are correct that a court can't divide a bonus which has been spent, they can chose to count the £75K as part of the husband's share of the assets.

    OP, a curt looks at all of the assets - how the assets were acquired or built up is not usually of very much relevance - it can be considered, but generally t=only after higher priority issues, such as your respective financial needs and the needs of any children, have been taken into account.

    Thast said, it would depend what the 'cash settlement' relates to. If he is being made redundant, for instance, that's different to a situation where he is being paid a performance bonus, and different again if it related to settlement of a legal claim against the company.

    It will also depend a great deal on the rest of the financial picture.

    So the short answer is that it is not excluded from the financial settlement between the two of u, on divorce, but it isn't automatically split 50/50, either.

    It would be sensible for you to arrange to see a solicitor who will be able to give you a clearer answer, once they have more detail about your personal situation.
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