Separated, how much should I provide?

JackRS

Thanks guys for clarifying that. I had a chat with my solicitor yesterday who explained that they couldn’t advise what a fair share of the pension would be. Due to the fact that my Pension has been accrued during the last 24 years and all of which we were married it seems it will be considered in her favour. I expressed my concern over the fee of £1200+VAT but she did her best to plicate me with the investment was worthwhile in the long term and that we’re saving by avoiding first court hearing. She did say that they would consider the pension value to be worth a third of the transfer value in terms of cash value when dividing it up, so with the actual figures it looks like this:

1)
House = 280K
Her pension = 53K x 1/3 = 18K
My pension = 277K x 1/3 = 92K

So if it was a 50/50:

She keeps 18K and has 37K of mine = 55K
I have remainder of mine = 55K

Then the split the house 140K each

Therefore maybe a proposal is to give her 37K of the house and keep the pension:

She gets from the house 140K + 37K = 177K

I get from the house sale 140K - 37K = 103K

I keep my pension she keeps hers.

2)
However what they’re are asking for is:

100% of the house due to her lower earning capacity and no mortgage potential as not working.

And to equal the pension roughly as follows:

53 + 277 = 330/2=165

165/277x100=60%

So she would get 40% of my pension when I retire….

However the pension sharing is more complex than that which is why I’m paying all that money for the actuary report???

3)
Another possible scenario if we consider that the house could be split in her favour 60/40, then
She’d get 0.6x 280K = 168K + 37K = 205K
I ‘d get 0.4x280K = 112K – 37K = 75K

So assuming house sells for 280K (big assumption) she’d have 205K and I have 75K and we keep our pension. Anyway many options…

Just then need to agree maintenance and term, they’re asking for life! I feel like I’ve already got a life sentence….

RAS

JackRS

When you next see your solictor can you check with him/her.

According to the CSA caseworker on the Child Support forum, once a court order is over a year old, the CSA can override the order (either party can request this). Obviously this only affects child maintenance but your son will be in eduction until July 2015.

Also I think that even if a life time order is made this can be re-visited if the payer's circumstances change.

Not sure if you have ever said this, but is one of the reasons for the breakdown actually around your ex's refusal to go to work and contribute financailly to the household?

Not sure of her age but assuming 50ish, she still has 15 years employment capability and every few people stay int he same career for more than that length of time these days.

JackRS

RAS wrote: »

JackRS

When you next see your solictor can you check with him/her.

According to the CSA caseworker on the Child Support forum, once a court order is over a year old, the CSA can override the order (either party can request this). Obviously this only affects child maintenance but your son will be in eduction until July 2015.

Also I think that even if a life time order is made this can be re-visited if the payer's circumstances change.

Not sure if you have ever said this, but is one of the reasons for the breakdown actually around your ex's refusal to go to work and contribute financailly to the household?

Not sure of her age but assuming 50ish, she still has 15 years employment capability and every few people stay int he same career for more than that length of time these days.

Child support could be until he's 20 if still in education so Feb 2016, so 15%.

The lifetime bit is her request for spousal maintenance which obviously I want to limit to a reasonable time period to encourage her to find other sources of income.

No I wouldn’t say her not working was a reason for our relationship breakdown directly but maybe indirectly? It certainly changed my view of her now and I've lost all respect and sympathy.

DS4215

JackRS wrote: »

The lifetime bit is her request for spousal maintenance which obviously I want to limit to a reasonable time period to encourage her to find other sources of income.

In these uncertain times, its a bit unrealistic to expect your earnings to remain the same for the rest of your lifetime. You do not know what will happen tomorrow. Make sure you have clauses put in for changes to your working situation (redundancy, retirement, etc).

JackRS

DS4215 wrote: »

In these uncertain times, its a bit unrealistic to expect your earnings to remain the same for the rest of your lifetime. You do not know what will happen tomorrow. Make sure you have clauses put in for changes to your working situation (redundancy, retirement, etc).

Oh yes they'll be things like that in there that's what I'm paying loads of money on for my solicitor for. Who has already ready rejected their draft order they have proposed to the district judge and asked them to remove the maintenance pending suit from it as it's just an agreement we have but she doesn't want it recording on an order...

RAS

Sounds like you are getting something for your money at least.

One thing I thought when reading a response you posted from her solicitor is that sometimes solicitors who do not agree with their client's actions will continue to pursue them because that gives the judge the best chance of making a fair decision.

They cannot say "My client is unreasonable," but they can demonstrate it.

JackRS

RAS wrote: »

Sounds like you are getting something for your money at least.

One thing I thought when reading a response you posted from her solicitor is that sometimes solicitors who do not agree with their client's actions will continue to pursue them because that gives the judge the best chance of making a fair decision.

They cannot say "My client is unreasonable," but they can demonstrate it.

Do you mean her solicitor may be demonstrating that she is being unreasonable or me?

RAS

JackRS wrote: »

Do you mean her solicitor may be demonstrating that she is being unreasonable or me?

I mean her solicitor may be "following" her instructions to demonstrate that she is unreasonable.

JackRS

RAS wrote: »

I mean her solicitor may be "following" her instructions to demonstrate that she is unreasonable.

Maybe who knows?

JackRS

I've got to provide documentary evidence of my maximum mortgage capacity.

Any top tips for a good website or something, need something that takes into account my outgoings?

Have looked at a few lender sites with calculators but not sure if I've missed a good one?