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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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How are bonuses treated in Divorce court? If I make

Resolved Question:

How are bonuses treated in Divorce court?If I make £70k per year and get a discretionary bonus, can a court order that part of my bonus goes to my Ex? Bonuses are not guaranteed in my industry.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How long have you lived together and are there any children involved.

how much has the bonus been in each of the last five years?

Customer: replied 1 year ago.
We married in July 2009.. Seperated in July 2012, got back together in Jan 2015, the finally broke away in September 2015.2 Children.
2011. £15k
2012 £25k
2013 £40k
2014 0
2015 0
Expert:  Clare replied 1 year ago.

How old are the children and what capital assets are there?

Customer: replied 1 year ago.
3 and 7 ... no capital assets... except pension worth about 60k
Expert:  Clare replied 1 year ago.

What about the matrimonial home?

Customer: replied 1 year ago.
none.. its rented
Expert:  Clare replied 1 year ago.

Is that a private rental?

Customer: replied 1 year ago.
There is no longer a marital home. We live separately and we both rent from private landlords
Expert:  Clare replied 1 year ago.

And what income does your ex have?

Customer: replied 1 year ago.
none
Customer: replied 1 year ago.
house wife...
Expert:  Clare replied 1 year ago.

How much are you paying as maintenance?

Customer: replied 1 year ago.
163;800 to her
Expert:  Clare replied 1 year ago.

How many nights do the chidlren spend with you a month?

Do you also pay child maintenance?

Customer: replied 1 year ago.
4 nights a month.. and yes I only pay CMS as well.. But my question is strictly related to my bonus.. will I have to give her some of it?
Expert:  Clare replied 1 year ago.

Sadly the best answer i can give is "possibly"

Has there been a Capital settlement then the position would have been easier and your bonuses would be safe

However the lack of capital for division is likely to concern the Court and that being the case it is possible that there will be

an Order that any bonuses received are indeed shared with your ex.

Please ask if you need further details

Customer: replied 1 year ago.
Bonuses going forward need to be shared? This possible cannot be the case
Expert:  Clare replied 1 year ago.

It is within the power of the Court to make an Order that your ex receives a percentage of every bonus you receive for the next xxx number of years.

Clare and 2 other Family Law Specialists are ready to help you

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