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Divorce/separation

Advice re division of assets etc

1 reply

pld245 · 06/03/2014 08:57

I am 59, married for 30 years and want to leave DH after years of things not really working.

He earns in excess of £100K if you include benefits, is due to retire in 2 years with a final salary pension.

We have a house which would be sold and out of that we'd buy a smaller property each.

I have been s/e for over 15 years and earn not very much- about £15K at the most, having devoted most of my time to bringing up our 2 DCs, now left home.

My question is, would I get any maintenance if we split now? Would I be entitled to 50% of the pension pot- a lump sum and yearly income if we divorced?

I'm too old to go back to the career I had before children, and in fact will get a small pension myself next year.

I could possibly increase the amount of work I do s/e but it's not guaranteed and wouldn't give me a living salary.

Any ideas?

OP posts:
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millymolls · 06/03/2014 12:36

I'm not a lawyer but I think you would be entitled to a split of all assets and possibly spousal maintenance as well as claim to pension. Whether there is enough capital assets that would allow you to take higher share of these and less of pension / maintenance no one can tell from your post but based on your length of marriage, age and your own pension size it is likely you would receive a large share of assets. Again, it may or may not be possible to achieve a clean break meaning you take cash now rather than ongoing maintenance.

You will need to seek legal advice and also get proper financial advice with regard to the values of both the pensions. Only that way will you be able to see what options you have.

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