Finances Upon Separation

[T3XTY]

can anybody tell me that if my brother leaves his wife of 30 years what are her financial entitlements. He works full time ,she works part-time the house is paid for and the have a 19 year old at university .He knows she entitled to claim half his pension and half the value of the house , however she has said shes entitled to half his monthly wages as well. can anybody enlighten me , thankyou .

[bednobs]

there is no "set amount" It will depend on what the 2 parties can agree on, and each case is different. On the surface, that seems bonkers as then the wife would be getting more money than the husband, despite working less hours

[VHG]

She may be entitled to money from him while the "child" is at university (if she looks after the "child") but probably not half his wages.

After the child leaves full time education I don't think he has to pay her anything. They can sell the house and split the difference.

And if HE stays in the house, and looks after the "child", then he wont have to pay her anything out of his salary (he would only need to buy her out the house at whatever percentage was agreed.

While she may be entitled to some of his pension and half the value of the house it is often easier if she leaves him with his full pension and she takes more from the value of the house.

She certainly is not entitled to half his salary once the "child" leaves university, she has to fend for herself.

But to be honest each case is different and these are the sort of things that need sorting out by both their solicitors and the judge during the divorce proceedings.

[johnny37]

The normal child maintenance is 15% of gross salary (excludes pension payments) while the 'child' is in full time education up to the age of 23. The child may opt to live with him (even if living away from home at uni) in which case the wife will have to pay the child maintenance. Not sure about the rule for ex spouses. CBA deal with this sort of situation all the time. I suggest you talk to someone there.

[johnny37]

Sorry - CAB!

[Sycamore3House]

If you pay maintenance to a child that is over 18 and in full time education. You do not have to pay the maintenance to the parent with whom that child lives you can pay it direct to the child.

[T3XTY]

yes thats what he thought. Also another question. His pension has paid a lump sum plus he get £180 per week, they have split the lump, but will she also be entitled to half of the weekly £180.

[bednobs]

there are simply not enough facts to give you any sort f reasonable answer t3xty. For all we know, the wife is a millionairre in her own right, with a substantial pension of her own.

[T3XTY]

she works part time only 8-16 hrs a week, no pension and no other income.

[Kassee]

Every thing is split fairly usually, pension and property, but then he may have to pay her maintenance on top of that. If they have been married 30 years, he will have worked and improved his job prospects, and she may have given up a career to provide a home for him and raise her child. So if this is taken into consideration, he may have to provide maintenance for her too.