Wonder if I would get half if we divorced

[Glaringstrumpet]

I wonder if I would get half if we divorced even though I was mainly a SAHM and haven't worked much since, although DCs now in 20s and independent, but I have followed DH overseas due to his job (thereby making my career opportunities unlikely /impossible).

We are in Scotland. So he earned all the money but I brought up the DCs (on my own alot). What would I get? Any ideas. I have 5 years to pension age.

[STIDW]

In Scotland any assets (including pensions) accrued between the dates of marriage and separation form the matrimonial property to share according to principles set out in s9 Family Law (Scotland) Act 1986. Assets are usually shared "fairly" ( equally) but a larger share (up to about 60%) may be justified when someone has been disadvantaged because they gave up their career to care for children/relocate for the benefit of the marriage.

There is also an obligation for spouses to maintain one another and you might be able to claim periodic allowances if your husband has the ability to pay. Usually periodic allowances aren't awarded for more than three years to allow someone to readjust to a lower standard of living but as you are nearing retirement age you may need regular maintenance until your share of the pension is in payment.

Best to see a solicitor early on to find out where you stand and what options there are in your particular case. You can then try to negotiate a settlement with your husband from an informed position.

[Glaringstrumpet]

Thanks STIDW that's good news.

Am exasperated with my grumpy (and angry) old man. Just don't know what gets in to him and don't fancy another few decades of this, however, since I have shown how cross I am he's now being nicer and more considerate. Huh. But how long will it last.

[STIDW]

Believe you me divorce brings it's own problems and if there is any hope of working through your difficulties it's worth doing. On the other hand if you have truly fallen out of love you will just feel more irritable and resentful as each day passes and the lesser of the evils might be living on your own.

[Glaringstrumpet]

Yes, thanks STIDW, sensible advice.

[Rowanhart]

You are entitled to half of everything including his pension.