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Nicola-mod
Nicola-mod, Moderator
Category: Law
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My husband has divorced me he had the decree absolute pronounced

Customer Question

My husband has divorced me he had the decree absolute pronounced on 22nd November, however our financial situation hasn't been sorted yet. He received £63,00.00 payout when he left his job plus he has £6,500.00 premium bonds and received £4,500.00 in shares. The family home is valued at £115,000.00 with £63,000.00 outstanding on mortgage. He received his payout in August, he has been doing odd jobs up and down the country and had the offer of a job starting this january with a salary of £23k a year, he also has a navy pension which pays out £650.00 a month. He cancelled the mortgage payment in December even though the house is in both names, he now says he has no money and only gets £400.00 a month. He has used delaying tactics when asked for financial information to enable an agreement to be made and now this. I am an agency supplied worker who's contract ends at the end of march, no guarantee of alternative employment, where do I stand as far as getting anything from him.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years 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.
How long have you lived together and are there any children involved?
Clare
Customer: replied 2 years ago.

We have been together for 33 years married for nearly 30 years, one daughter aged 24 living at home

Expert:  Clare replied 2 years ago.
Hi
How much is the monthly mortgage payment?
Clare
Customer: replied 2 years ago.

£970.00 a month with 5 years remaining on mortgage


 

Customer: replied 2 years ago.

£970.00 a month with 5 years outstanding on mortgage

Expert:  Clare replied 2 years ago.
Hi
Is there an Endowment Policy backing the mortgage?
Clare
Customer: replied 2 years ago.

no it is a flexible mortgage

Expert:  Clare replied 2 years ago.
Hi
How old are you both?
Clare
Customer: replied 2 years ago.

how long is this going to take each time I answer you keep coming back asking more questions. My husband is 61 and I am 53. I have paid £33.00 I know you need as many details as possible but you have now asked 5 questions is that my £33.00 used up now?

Expert:  Clare replied 2 years ago.
Hi
No your money is not used up - getting all the details is all included in the one payment - however long it takes.
It is important to get the best picture that i can in order to try and give you some meaningful information rather than simple generic guides
Last questions I hope - can you and your daughter cover the mortgage for now - and how important is it to you that you remain in the property?
How much does a one bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.
Probably might just be able to cover mortgage payment but my contract finishes end of march. Important I stay in property it is my home that my daughter and I have lived in for the last 8 years that I have maintained and repaired with my money as my husband worked abroad and didn't spend a lot of time in. Not sure how much one bedroom property in area would cost to buy only seems to be 2 or 3 bedroom property and I would say the average cost of property in my area is about £120,000.00
Expert:  Clare replied 2 years ago.
Hi
I do understand that
The starting point for division of the equity is 50/50 - which would certainly leave the property with you since he has substantial capital assets - indeed it would leave him owing you a small lump sum.
However you would have to be able to obtain his release from the mortgage
Equally you have a clear claim on his pension - either taking a Pension sharing order which would reduce what he receives but boost your pension fund; of as ongoing maintenance which would be useful - but would end if you re-marry.
That leaves the issue of spouse maintenance
Spouse maintenance is based on reasonable needs - and your ability to meet them
I appreciate that you are an agency worker - but you would need to show that there is a good reason why you cannot secure full time work to support yourself (as you have clearly done in the past)
On the whole, from what you have said, spouse maintenance, other than as a way of receiving your share of the pension is unlikely to be awarded by the court
I hope that this gives you a guide - do please ask if there are any areas you need clarifying
Clare
Customer: replied 2 years ago.

Basically Are saying I should get the house and the difference in equity from house and the lump sum payout he received and also recieve half his pension will I only get his pension if I remain unmarried. If I should remarry then I will no longer recieve this?

Expert:  Clare replied 2 years ago.
Hi
Are you willing to cope without spouse maintenance?
Clare
Customer: replied 2 years ago.

All I want at the end of the day is to be treated fairly, I have been fortunate enough to have always been in full time employment in all the time we have been together and have never received any housekeeping or any form of monthly allowance from him. I have put just as much financially and emotionally into the marriage as he has, maybe more. If I ask for spose maintenance what exactly is that and if I get that does that mean I do not receive any of his pension?

Customer: replied 2 years ago.

All I want at the end of the day is to be treated fairly, I have been fortunate enough to have always been in full time employment in all the time we have been together and have never received any housekeeping or any form of monthly allowance from him. I have put just as much financially and emotionally into the marriage as he has, maybe more. If I ask for spose maintenance what exactly is that and if I get that does that mean I do not receive any of his pension?

Customer: replied 2 years ago.

I received divorce papers in the post with no prior warning from my husband on 11th June, he finished his employment at the end of July when he received his payout of £63,000.00 (plus his premium bonds and shares). I just need to know that even though he is now saying he has no money will the £63,000.00 + premium bonds and shares total be taken into account when sorting out the finances. As I am worried that as he says he has no money left and we are still both named on the mortgage agreement that he will ask for half of the equity on the house, even though it is highly unlikely that he has spent all his money I would guess he has filtered it away somewhere out of my reach.

Expert:  Clare replied 2 years ago.
Hi
The starting point for the division of the capital
The total capital appears to be in the region of £126,000 - so you should have £63,000 each meaning that if you keep the house and get his name off the mortgage he would "owe" you £5,000 or so.
You are also entitled to a Pension Sharing Order for 50% of his Pension - you can receive this as a transfer of a lump sum into your pension fund (reducing what he receives) which means it is all yours or as an ongoing monthly payment - which would end should you remarry.
He will have to account for what has happened to the money that he has received
Clare




Expert:  Nicola-mod replied 2 years ago.
Hello,

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Thank you,
Nicola

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