How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I am considering divorce ,my children have grown up ,would

Resolved Question:

I am considering divorce ,my children have grown up ,would my wife still be entitled to any of my salary.
The mortgage is paid.
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.
Which part of the Uk are you in and how much do you each earn?
Clare
Customer: replied 1 year ago.
I live in Manchester
100k a year
Expert:  Clare replied 1 year ago.
How much does your wife earn?
Customer: replied 1 year ago.
About 15k a year
Expert:  Clare replied 1 year ago.
I cannot phone this evening but could do so tomorrow. if you wishHowever I also need to know the value of the capital assets - and how long you lived together
Customer: replied 1 year ago.
How do I stand with my salary,our plan would be to sell the house and I guess that's 50/50 which I accept I'm concerned that I have to give her any of my salary ,we are both in our 50s
Customer: replied 1 year ago.
The capital assets are a house worth 280k and 30k savings we have been together 25 years
I also gave a pension which I assume she is entitled to half of
Expert:  Clare replied 1 year ago.
I am afraid that given the difference in your incomes there is a real risk of Spouse maintenance UNLESS you give her considerably more than half of the Capital assets.This is based on the fact that her potential career prospects were compromised by caring for the childrenThis does assume however that she does not have a new partnerShe is indeed also entitled t o half of your pensionPlease ask if you need further details
Customer: replied 1 year ago.
How much would considerably more be likely to be 70/30?
Customer: replied 1 year ago.
Or how is spouse maintenance worked out
Expert:  Clare replied 1 year ago.
70/30 would be a reasonable offer and should suffice.Spouse maintenance is needs based - but the needs would reflect the former lifestyle to a degree which makes it difficult to be specific - but £20K would be possible - hopefully lower but that could be a worst case scenarioClare
Customer: replied 1 year ago.
So is the calculation roughly 1/5th of salary
Customer: replied 1 year ago.
Could I use giving up work as a negotiating position
Expert:  Clare replied 1 year ago.
The figure I gave is based on a very old rule of thumb that the lower income shoudl be a third of the joint income - but it is still a needs based matter.If the court feels that you have deliberately left work to thwart spouse maintenance then they can make a simply give your ex a larger share of the capital assets anyway - which is why it is better to negotiate it yourselves using Family mediationwww.familymediationhelpline.co.uk
Customer: replied 1 year ago.
Family mediation is what you would suggest
Expert:  Clare replied 1 year ago.
It gives you a good chance of negotiating a settlement that you can live with even if you do not wholeheartedly like it
Customer: replied 1 year ago.
Ok thankyou
Customer: replied 1 year ago.
How long would the 1/3 salary that she may be entitled too last for
Expert:  Clare replied 1 year ago.
Again that is negotiable - much depends on whether she could retrain and earn more herself Worst case scenario would be until the pension kicked in - or she remarried of cohabited
Expert:  Clare replied 1 year ago.
Please let me know if you still need more assisatnce
Clare and other Family Law Specialists are ready to help you