Seperation and Redundancy

sealady

OH and I separated in March of this year because he was having an affair, we were married for 15 years and have two kids.

OH has been made redundant and is due to get a large payout in August 2009. In our separation agreement it is stated that should he must continue to pay me maintenance, on him obtaining a new job, any balance of the redundancy monies he has received after deducting the payment made to me after his redundancy shall be divided equally between ourselves. The seperation agreement was drawn up before he was made redundant.

From various things he has told me I am led to believe that he does not think he needs to work for a year because he his payout will last him that long.

My biggest concern is that he will not try and find another job even though there are jobs available in his field. He is also talking about the possibility of going down a different career path or starting his own business.

I am just being greedy thinking that I should be entitled to 50% of this money before he and his new girlfriend spend it all! His new girlfriend goes back to University in September so therefore he will be using his payout to support her where as at the moment she is earning a salary.
I would like to have the opportunity to use any money that he gives me to put it away for our kids (10 and 14) to be able to go to University without having to take our student loans etc or even to be able to use that money as a deposit to buy a house as we are currently renting.


Any advice would be very helpful. Sorry for the long rant

bikerqueen

Surely if he doen't get a job it's just tough, your agreement doesn't specify he HAS to get a job, just that you continue getting your payments for the children?

sealady

bikerqueen wrote: »

Surely if he doen't get a job it's just tough, your agreement doesn't specify he HAS to get a job, just that you continue getting your payments for the children?

I think the problem that he does not want to get a job! There are jobs out there for him and very well paying jobs at that, but because it might be more than a 5 minute commute (which is what he was use to) he is not interested.

lisawood78

You won't have any way to force him to get a job though, and this payment clause is probably the reason why (if i have understood it correctly)
If he doesn't need a job financially for a while, and if he gets one he has to give half of any remaining cash to you (Is that correct?) so my guess is he doesn't want to give this money to you and will do what he can to avoid it.
Sorry if I have the wrong end of the stick here, just how I see it.

pinkshoes

So basically, the agreement states that if he was made redundant, he can use any pay out for his living expenses until he gets another job, and any money left over would then be split 50/50?

I'm afraid you can't FORCE him to get a job, but perhaps you can ask him to help pay for stuff for the kids i.e. uniforms, days out, any child minding etc...?

sealady

lisawood78 wrote: »

You won't have any way to force him to get a job though, and this payment clause is probably the reason why (if i have understood it correctly)
If he doesn't need a job financially for a while, and if he gets one he has to give half of any remaining cash to you (Is that correct?) so my guess is he doesn't want to give this money to you and will do what he can to avoid it.
Sorry if I have the wrong end of the stick here, just how I see it.

Thats what I was worried about! I think I knew the answer before I posted it but I was hoping someone might see a loop hole - no such luck!

sealady

pinkshoes wrote: »

So basically, the agreement states that if he was made redundant, he can use any pay out for his living expenses until he gets another job, and any money left over would then be split 50/50?

I'm afraid you can't FORCE him to get a job, but perhaps you can ask him to help pay for stuff for the kids i.e. uniforms, days out, any child minding etc...?

I know I cannot force him to get a job, before we split he agreeded verbally that anything above the norm when it came to the kids we were decided if it was worth the money and then split the cost 50/50. So far he has agreed to things but no extra money has been forthcoming and I have end up having to pay for it, I don't mind doing this as in the long run it's benefcial to the kids and thats whats important.

Batchy

seriously... what makes your think that your ex husband should give you half his redundancy to put you through university... aside from the fact its in the agreement that he should regardless of reason.

to put the kids through university YES... but you... NO...

I can understand you want to hurt him, after he has hurt you!

But still, ...

EDIT SORRY MISREAD... it was for the kids UNI ... SORRRYYYYYY

sealady

Batchy wrote: »

seriously... what makes your think that your ex husband should give you half his redundancy to put you through university... aside from the fact its in the agreement that he should regardless of reason.

to put the kids through university YES... but you... NO...

I can understand you want to hurt him, after he has hurt you!

But still, ...

EDIT SORRY MISREAD... it was for the kids UNI ... SORRRYYYYYY

Ok I was worried because I don't want to use this money for me but for the benefit of the kids! I am not a selfish person, I don't need his money but our kids might do in time to come

AnnaV

sealady wrote: »

Thats what I was worried about! I think I knew the answer before I posted it but I was hoping someone might see a loop hole - no such luck!

That's not how I understood it - could you post the actual clause so we can decide?

sealady

sealady wrote: »

. In our separation agreement it is stated that should he must continue to pay me maintenance, on him obtaining a new job, any balance of the redundancy monies he has received after deducting the payment made to me after his redundancy shall be divided equally between ourselves.

The seperation agreement was drawn up before he was made redundant.

That is how it is in our seperation agreement.