redundancy payment and seperation

paul_b1

Hi,
I have just recently separated from my wife and was wondering if in the near future I was to be made redundant. Even though we havent divorced, would she be entitled to 50% of my redundancy payment?

Emmzi

do you have kids, do you have a maintenance agreement in place, do you have joint debts, do you own a house... too many variables to answer, we' need more background.

paul_b1

Emmzi wrote: »

do you have kids, do you have a maintenance agreement in place, do you have joint debts, do you own a house... too many variables to answer, we' need more background.

Yes, 3 kids. No maintenance in place yet. We have joint debts and we have a house which I am currently paying for.

Hope that is enough?

Emmzi

so by "entitled" of we mean "I should continue to pay to support my kids food and housing" and "I will pay a share of the debts" then yes, although not so much "she" as "your kids"

It's not a clear cut 50% tho....

So you have a choice of a) going to mediation b) giving most of your payout to solicitors to sort out or c) sorting out something reasonable over a cup of tea.

Emmzi

PS will also be affected by if you are going into another job and how long you need to support yourself. So it'll go into the financial settlement "pot" but it's not as easy as half each!

paul_b1

Emmzi wrote: »

PS will also be affected by if you are going into another job and how long you need to support yourself. So it'll go into the financial settlement "pot" but it's not as easy as half each!

So, from what you say if I do get a redundancy payment that will have to go into the pot? Just to say - I want to support my kids and I actively see them most days. But , it doesnt seem fair to me. She was the one who left me! Its me who is having to pick everything up financially as well as having to go through emotional hell with regards to the kids. Part of the reason for maybe going for voluntary redundancy would be start again from fresh. Again, I have had to hold down, what seems like a stressful job at times, to give my family what they want and what they deserve.:(:(:(

When I went to see a solicitor about the situation(a while ago). He said that everything would be split 50% - as a rule of thumb. You dont seem to suggest this. Can you please explain why?

Thanks for your time.

Emmzi

it's the difference between "rule of thumb" and all the things that affect real life - who paid what, did someone stay home to look afterr kids, who had the bigger house deposit... plus is redundancy spare cash after you get another job, is it to start up a new business, is it needed to keep you afloat while job hunting. What is "fair" depends on so many variables that we couldn't really give you a percentage without an entire financial picture.

The only way round this is for you an the ex to decide without the lawyers, then get your lawyers to draw it up.