Separated now what?

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My husband and I separated last year. I live in the former family home with the 2 children we have. Both children are disabled and I work part time. We searched and located him somewhere locally and affordable and we all got him settled as best as could be so to speak. Since the separation we have tried to reconcile (secretly from the children) and even sought relate advice and guidance before I realised my heart just wasn't in the relationship anymore, I felt I had to put my health 1st (having suffered with mental health condition for many years).
I have received a top up financially from Tax Credits (more than expected as the children are disabled) since we separated. My questions are these:
1) Maintenance We do manage financially (me and the children) because of the top up and disabled benefits to live reasonably well, however my husband has not paid any maintenance since he moved out last year.
2) Financial Stability I don't want to be so financially so well off that he cannot afford to live and enjoy life? I do very much want him to be happy, as I do for myself and the children and although I don't want us to be together, doesn't mean I want to fleece him. When i have spoken with him he said if he pays maintenance he cannot afford to live and enjoy life?
3) Family House the family home is valued at approx £140K and has a mortgage remaining on it of approx £58K. I can afford the mortgage amount monthly but I assume my ex will want his equity from the house at some point?
4) Children Reside with me. He is renting a flat because he cannot have the children live with him as he works shifts. I feel bad that I remain living in our lovely home but I guess that is because the children live with me?
5) Settlement Statement of financial affairs? Do I need this? how do I get it? Neither of us have any debt at all.
6) Divorce I don't especially want to pursue divorce at this point? I don't want to be hasty. What have other people done?

Anything else I may have forgotten or overlooked?? I would welcome any comments....TIA :)
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  • MovingForwards
    MovingForwards Posts: 16,921 Forumite
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    1. Have a look at the CMS calculator and see what he should be paying, you can come to a private arrangement it just gives you an idea on figures.

    2. See 1 above and noted.

    3. Could you afford to remortgage and buy him out? Servers that side of things and allows your ex to start again and think about buying somewhere if he wishes. A good mortgage broker can advise figures. Also saves you having to potentially uproot / sell when the kids are older.

    You could come to a private arrangement where he doesn't pay maintenance and in return doesn't have any equity if you can remortgage into your own name.

    I'm assuming it's in joint names.

    4. Yes. Don't forget to arrange regular contact around his shifts.

    5. It takes into account the house.

    6. Noted.

    Wikivorce was a great help for me when I needed to clarify a few points.

    I haven't got kids so my situation is different....

    I tried to sort the marriage out after I told my ex to leave. In the end I moved out and relocated, starting over.

    I paid my debts and my ex's debts for 3.5 years to give him time to get back on his feet and sort himself out. Recently I told him he had to sort his own out and gave him a the details.

    From the time he purchased the house (I was only PT at that point and he could borrow more as a sole income) he said if anything happens I can have the house (which I took to be I can buy him out), I still could buy it but I've moved on and have a better life where I am. I'm not having any financial settlement when I do my divorce as my ex retires in a few years and I've still got many years to go before state retirement age and have a bigger/longer earning potential than he does.

    I've walked away with nothing and will not be asking for anything, even though I would be entitled to half of the house as we were together over 20 years, but that suits me for the reasons I've said above. Obviously if my ex dies before I do the divorce then I'm quids in and get his pension, but I would hand it over to his new partner and his uncles/aunts etc. He has so said if ever he comes into any money he will give me some to clear my debts.

    It's better all round when it's amicable, reasonable conversations can be held and upset is spared.
    Mortgage started 2020, aiming to clear it in 2026.
  • onwards&upwards
    onwards&upwards Posts: 3,423 Forumite
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    What does he earn?

    I’d think of the message it sends to the kids if he doesn’t want to contribute to the costs of raising them.
  • Chickenlips
    Chickenlips Posts: 150 Forumite
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    If you're on good terms, could you both sit down and review both sets of finances and agree something?

    If he isn't doing so well, or would be in a bad way financially should he pay the suggested amount, would you agree to set days where he does things with the kids, or pays for certain things? Or he is responsible for financing gifts for the kids that you choose together?

    Despite what has happened, it sounds as though you're both being reasonable. Given there is a mortgage and kids involved, you want to try and keep the peace. You haven't mentioned negatives or issues, so I assume he was a good provider (and i guess technically still is if he is contributing to the mortgage or household bills?)
  • star575
    star575 Posts: 6 Forumite
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    :) thanks i will check out what youve suggested. I do want it to be amicable
  • star575
    star575 Posts: 6 Forumite
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    He earns £35k. I know. I guess I don't want to rock the boat for fear of repercussion on the kids etc, plus I am managing. And it's my choice to separate. :sad:
  • star575
    star575 Posts: 6 Forumite
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    Yes he was a good provider. I think I'm scared of me handling it wrongly and things going wrong and my health further deteriorating, which I can't afford to happen. I want to be reasonable but struggle to dispute his reasoning especially given I am coping financially 😞.
  • star575
    star575 Posts: 6 Forumite
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    Sorry I'm new to this forum and s little unsure how it works. He earns 35k
  • conradmum
    conradmum Posts: 5,018 Forumite
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    Depending on your area, I would say 35K salary is enough to pay rent, enjoy life, and pay some child maintenance. You're considering his position and well being, which is nice, but don't set yourself on fire to keep him warm.
    How do your overall incomes compare? Are you enjoying life too? Or are you looking after your children 24/7, thus freeing up your husband to pursue a career? In your respective states, where will you both be 20 years from now? Will you still be at home caring for your now-adult children, while hubby has moved on with his life, perhaps remarried, bought a house and had more kids?
    You don't give your children's ages but if they're still quite young and you can manage the mortgage repayments, something to consider would be asking your husband to sign over his right to claim equity in your house in return for not paying child maintenance.
    He might be willing to accept that deal because he isn't physically giving you money, which he seems reluctant to do, already putting his enjoyment of his life before his responsibility towards his kids.
  • TBagpuss
    TBagpuss Posts: 11,203 Forumite
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    I would suggest that you go asnd see a solicitor, get some advice to get an idea of what your options are and what a court might do. You don't then have to go for thatm, but it gives you information about what may or may not be reasonable.

    1) Maintenance We do manage financially (me and the children) because of the top up and disabled benefits to live reasonably well, however my husband has not paid any maintenance since he moved out last year.
    Look at the CMS calcualtor to see what he would be expected to pay.
    Ifthe children don't have overnight contact with him at present, then on his salary of £35K the maintenace figure would be in the region f £665 a month. If they have overnight contact with him regualrly it will be less.
    2) Financial Stability I don't want to be so financially so well off that he cannot afford to live and enjoy life? I do very much want him to be happy, as I do for myself and the children and although I don't want us to be together, doesn't mean I want to fleece him. When i have spoken with him he said if he pays maintenance he cannot afford to live and enjoy life?

    Neither of you is likely to be ble to enjoy the same standard of living, and lifestyle, as you did before you separated, as running 2 households is always going to be more expensive than running one. Like you, he will have to budget and work out what he can afford, but supporting his children is, or should be, a priority.
    3) Family House the family home is valued at approx £140K and has a mortgage remaining on it of approx £58K. I can afford the mortgage amount monthly but I assume my ex will want his equity from the house at some point?
    Yes, but you will ned to look at all the assets there are, including things such as pensions, and how they should all be divided. His share of the equity may not be 50%.
    One thing to conside ris what your options are - for instnace, could you move to a less expensive property in order to release some equity for him now? Given that your childrne have disabilities, what adaptations do they require (if any) and are they likely to be able to live independently as adults, or are theygoing to be dependent even when they reach adulthood?
    What is your mortgage capacity? Many lenders will take into account income from Maintenace and some elements of Universal Credit / Tax Credit -so you will ned to lok at whether you could obtain and aford a larger mortgage than the current one, and whethera lender would be likely to let you remortgage into your sole name for the amount of the current mortgage 9which would make it easier for your ex to get his own mortgage)
    4) Children Reside with me. He is renting a flat because he cannot have the children live with him as he works shifts. I feel bad that I remain living in our lovely home but I guess that is because the children live with me?
    The ned to provide *a* secure hom for the childnre is a priority. It may be that that can be done in a diferent, less expensive property than the one you are currently in, so that is likely to be something you need to look at, whether you could downsize and free up some equity / get his off the mortgage
    5) Settlement Statement of financial affairs? Do I need this? how do I get it? Neither of us have any debt at all.

    Not sure what you mean by this. When you get to a point where you have agreed a fiancial settlement, you will need to get that agreement formalised either as an order (if you divorce ) or a separation agreement (if you don't).
    Prior to that, and before you can realistically reach anagreement, bot f you will ned to give the other information about your financial position so you both have a clear ideaof waht ALL the assetsd are.
    6) Divorce I don't especially want to pursue divorce at this point? I don't want to be hasty. What have other people done?
    You don't have to start divorce proceedings now, but it may be helpful to think about whay you are delaying - what are you hoping may happen?
    Be aware that the court only has jurisdiction to dort out your financial settlement, or approve an agreement, if there is a divorce, so if you struggle to reach agreement you may need to start divorce proceedings in order to be able to address the finacil matters (although you can apply to theCMS without a divorce)

    You may find it helpful to look into mdiation or collaborative family law, both of which are methods of helping you to reach an agreement, in relation to finacial issues or issues relating to the children, without involving the courts (except to approve any settlement you come up with)
    Collaborative law lets you have your solicitor with you in discussions which can be very helpful if you are less confident about finaces or about negotiations than your ex.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • System
    System Posts: 178,093 Community Admin
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    Hi OP - answered a few of your questions. You really need to sit down, agree as much as you can on paper and get an agreement drawn up by a solicitor. He will be taking quite a financial hit compared to you at the moment, but you'll need to be prepared to square up with him to some extent in the future. If you don't prepare now, it leads to more trouble in the future believe me.


    star575 wrote: »
    1) Maintenance We do manage financially (me and the children) because of the top up and disabled benefits to live reasonably well, however my husband has not paid any maintenance since he moved out last year. Do you split the kids 50/50 of the time? If not, you'll be entitled to some maintenance on a sliding scale.
    2) Financial Stability I don't want to be so financially so well off that he cannot afford to live and enjoy life? I do very much want him to be happy, as I do for myself and the children and although I don't want us to be together, doesn't mean I want to fleece him. When i have spoken with him he said if he pays maintenance he cannot afford to live and enjoy life? True - many men find it really hard to keep the maintenance payments and find somewhere else to live whilst the ex keeps the home. It's tough. Consider having the kids 50% of the time, that way he's not eligible for maintenance anyway.
    3) Family House the family home is valued at approx £140K and has a mortgage remaining on it of approx £58K. I can afford the mortgage amount monthly but I assume my ex will want his equity from the house at some point? Yes - once the kids are out of school he can force a sale usually. If he continues to pay the mortgage throughout this time, he'll be entitled to half - if you can't buy him out then you'll sell and split. If he stops now, it's worth getting a valuation now and when it comes to the kids finishing, you can then re-mortgage, pay him his share (plus the increase in value) or sell to pay him off.
    4) Children Reside with me. He is renting a flat because he cannot have the children live with him as he works shifts. I feel bad that I remain living in our lovely home but I guess that is because the children live with me? Oh, that answers the earlier points. Don't need to feel bad, the odds are stacked against the bloke anyway. Just be fair as possible.
    5) Settlement Statement of financial affairs? Do I need this? how do I get it? Neither of us have any debt at all.
    6) Divorce I don't especially want to pursue divorce at this point? I don't want to be hasty. What have other people done? In my view, get it done soon otherwise it gets super messy.

    Anything else I may have forgotten or overlooked?? I would welcome any comments....TIA :)
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