Divorce 60 / 40 split

loveasale

Comms 69 , not sure what mean ?
Credit ,, my ex always lived and spent life to the full ,,,,no credit there ,,,
Me on the other hand have been savvy and good with money ,,, ?

Kayalana99

That sounds a decent amount to me, as someone else said if you were living in the home for 5 years that was in his name 'techinally' he could have been charging you 50% of the rent, so you would have had to pay your half of the mortgage + more in rent , and he would be paying half the mortgage. No matter who gave up what, you still are married and both contributed to the household so I'd be fair.

I might be completly wrong here but I was under the impression sometimes the woman gets more % due to having young kids to support.

Ozzuk

Another angle, it is always better to try and maintain an amicable split. It doesn't sound like 60/40 is that unfair, and if it means you can both reach agreement and move on with your lives then that is healthier for everyone.

The alternative could involve solicitors, bad feeling, stress, arguments.

Life is too short.

onomatopoeia99

So you've got to live in the family home and he's had to go back to his parents, as an adult of middle years (you've been together 20 years so he's not going to be 25), has been unable to buy a home as he's already got a mortgage and his life has been effectively on hold while you've had the benefit of a interest free loan on his share of the equity. Also, while you've been paying the mortgage, you haven't been paying rent, so the mortgage has brought you a benefit beyond just accumulating capital in a house.

I'd say 50/50 was about fair. The interest part of your mortgage payments balancing out the interest he didn't get on his capital while you were living in the home.

Comms69

loveasale wrote: »

Comms 69 , not sure what mean ?
Credit ,, my ex always lived and spent life to the full ,,,,no credit there ,,,
Me on the other hand have been savvy and good with money ,,, ?

You were able to borrow money because he agreed to be part of the contract. you used his 'line of credit' to keep the house.


Also £275 an hour, no offence but that is not going to happen....

Comms69

P.S. I just saw your other thread:


Hello all ,
I'm about to get divorced, I'm still in marrital home, it's worth 250 with a 100 outstanding,
I'm happy to move to a smaller home as my 2 boys will be fleeing the nest soon .
I've been in the same employment for 18 years and earn 12,000 a year,,,,,,,BUT as my employer didn't want to pay that 'I'm in pension ' we have all gone self employed last October, the only change is that I pay my own tax and NI.
I am 50 and in very good health!
My ex will settle for a lump sum , and I have been scrimping , ebaying and putting money away to pay him off ,,,,!
So that's the background past ,,,,,,,
What about my future ? Will I get a mortgage on my small income and no accounts to show ?
I do really hope some of you can help me on this next stage of my life?


You're not self employed, your employer is massively screwing you over. You need to report this to DWP and HMRC immediately.

loveasale

Why do you say that comms ?

Comms69

loveasale wrote: »

Why do you say that comms ?

Because employment law is complex, but in short saying your self employed doesn't make you self employed.


For example: do you set your own hours, provide your own tools, could you send a replacement to do the work?


or flip reverse it: you are getting paid the same as you were, except you've lost maternity leave, annual leave, pension contributions.... do you think if the law allowed that ALL employers wouldn't be doing the same thing?


You are employed and you are being quite literally bent over the barrel. If you are a union member - speak to them (if not, why not, join one now for any future issues)


If you aren't currently a union member go and speak to an employment solicitor.

UKSBD

loveasale wrote: »

Why do you say that comms ?

Do the maths on these rough figures


13% for holidays
3% pension contributions
5% NIC
10% Job security, redundancy, etc.
10% business expenses, insurance, accountant, etc.


In other words, that job that you earn £12k at, if you were self employed you would want at least £17k to be in a similar situation.

TBagpuss

OP, how do your earnings compare with those of your husband?

Normally, a court would start by looking at a 50/50 split then adjust up or down to take account of differing needs, income and earning capacity.

Once the child leave, you both have broadly similar needs but it may be fair for you to have a bit more if you earn less than him (and can't readily increase it) and (if the gap is more than a couple of years) because you are older so will have a shorter period to build pension and over which to pay a mortgage.

60/40 may well be fair, but to advise you any solicitor would need details of your respective incomes, mortgage capacity, housing needs and any other financial assets.

As Comms says, your employment situation does sound rather dodgy. Have a look here https://www.gov.uk/employment-status/employee and consider giving ACAS a call.