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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35574
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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My ex husband and I (both British) divorced in 2016, with

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My ex husband and I (both British) divorced in 2016, with the financials proving complicated. We had been living in the UAE and all assets (house, cars, investment funds, shares, pensions, savings etc) were in his sole name. In fact, despite him leaving the marriage in 2014, it took my lawyer 2 years to be able to action a financial remedy order since the funds were inaccessible in the UAE. During that time, much money was diverted to shares and stock options in his name and that latterly could not be liquidated for the purpose of division of assets (50% each) due to them maturing in the future. As a way to try and gain me some precious pounds back, my lawyer wrote into the FRO that over the next couple of years I should receive 25% of the value of each set of maturing (vesting) shares. I live in NZ (we both have citizenship and had our children here) and I have the 2 children 100%. My ex moved to NZ last July with his partner but still has the original job and works ‘remotely’. When I receive my share of the vesting stock, it comes minus 45% UK tax, minus Netherlands tax (his role previously involved travel to Amsterdam), and minus National Insurance. In other words, by the time I get it, the value is greatly reduced, and not what was originally envisaged as a means to help me House our children.
My question is therefore how do I know if he himself actually pays ALL that tax, and how do I know if he claims allowances back (such as for the children)? I feel like I am being punished. I pay NZ tax on my own income, then a whopping 47% ++ on the biannual contribution from tge shares vesting.
I’d love to know what rights, if any, I have to query his personal tax code/contribution, and what he has refunded.
Thank you

My name is Clare

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

For clarity - the Order was made here in the UK?

Where are the shares held?

Customer: replied 10 months ago.
the order was made in the UK. I originally used Alexandra Tribe from Expatriate Law as she can practice in both the UAE and England.The entire divorce process was conducted via the UK. I was still in the Middle East and my ex had moved back to England to be with the girlfriend when proceedings started. I latterly relocated with the children back to NZ but finished the divorce process in the UK.The shares are for the American company he works for, Equinix. They are held in an ETrade account in the U.S.A i believe. Whilst the financial remedy order does state that I am only due the net after his tax and NI have been deducted, I feel that somewhere in the process the amount seems too high. He has been resident in NZ since July 2017, but is still claiming that he has Netherlands and UK tax liabilities. Also, it is my understanding that the 45% tax bracket is subject to rebates when applied for. It is this that I query. Surely he can claim back for 2 dependents, spousal support, etc. etc.....? If it helps, I can also forward the FRO.
Customer: replied 10 months ago.
I'll attach extra files (the FRO, a valuation from a forensic accountant, and ETrade/stock info).

What is the exact wording of the order regarding the shares?

Customer: replied 10 months ago.
The exact wording is copied and pasted onto a Word document (attached).

The only Tax he can deduct is tax which is payable on those shares in either the USA OR New Zealand or the UK all three and certainly not in another jurisdiction as well.

This is a clear breach of the Order.

I suggest that you make it clear that unless you are reimbursed for the treble accounting you will take the matter back to court and demand site of all his tax returns in all countries.

I hope that this is of assistance - please ask if you need further details

Clare and other Family Law Specialists are ready to help you
Customer: replied 10 months ago.
Hi Clare,Thanks for your reply. I need to know what I can ask for, legally, without needing to go through the Court.At present he is deducting UK (45%) and NL (36%) tax plus NI. The NL tax was due to working there a certain number of days per year, but with an arrangement with Equinix to compensate him for the double taxation. He has been permanently resident in NZ for 8 months now, but claims that he still 'tax resident' in the UK. This is possible I think as he is still in the same role just working 'remotely' from here in NZ.
So as regards ***** ***** taxation, can I ask for evidence of his tax status and tax returns WITHOUT going back to court? I know he gets compensation (although I don't know how it works), yet I bare the full burden of the double taxation? Obviously Court is a costly business and I am just not in a financial position to do so.Thanks,