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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33297
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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. I separated from my wife 18 months ago. There was nothing

Customer Question

Hi. I separated from my wife 18 months ago. There was nothing formal that happened at that time but it's when she says we separated and I agree. I moved out February 1st last year. I moved into an apartment and continued to pay for the mortgage of the home she lives in (joint ownership although she has no income) and obviously my rent. We had joint bank accounts and I have never changed any of that so she continues to use those accounts with no restrictions. She travels (New Zealand, Miami, Switzerland, Spain, Canada) on this money etc.
My offer is based on the fact that all assets like the home are matrimonial property and thus 50:50 as a starting point, although I will need to offset my illiquid pension and give her more than 50% of my other assets. My question is about cash. My salary is substantial and every two weeks about £18,000 gets added to my account. Do I owe her half of the bank account up until the divorce is finalized? Is the separation date or the date I moved out of any consequence?
Thanks.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is your income paid into a joint account?
Clare
Customer: replied 1 year ago.

No. It's paid into a US bank account that only I have access to. I wire transfer money to the UK into a joint account and also though sometimes into other accounts that are not joint. I pay for my apartment for example out of a different account that I hold. All of these accounts though I have never hidden that I have or anything like that.

Expert:  Clare replied 1 year ago.
Hi
For clarity then - you are concerned about savings accrued since the separation?
Clare
Customer: replied 1 year ago.

Yes, I just wondered if there is typically a time when half stops being hers too. If she drags this out forever then the bank account just keeps going up and up. It's in her interest to drag it out and I just want closure as I am facilitating an entitled life and attitude right now.

Expert:  Clare replied 1 year ago.
Hi
The savings that accrue post separation are assets considered by the courts - but it is unlikely that the court will share them between you provided there are sufficient other assets to fulfil her reasonable needs (as there are in your case)
Please ask if you need further details
Clare

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