Re:Divison of Assets

I would be grateful for advice on division of Assets. Now have a clearer picture of what we have between us. Calculator said 80/20 split I know this will not happen. Details:

Ages : W49 H49
Married :25 years
Children : 1 age 13 1 age 20 at uni)

Work W (unemployed)I have been back to work after a break and have on/off temporary wk contracts .
Work H (52,000)

Assets:
House 220,000 (no mortgage)
Pension H 290,000
Pension W 37,000
Savings: 116,000

A rough estimate would be good. Last offer was 45/55 in(husbands favour)!

PS Child lives with me & visits (ex) once every 2 weeks stays fri/sat

You say you live in Northern Ireland.The law there may not be the same as it is in England and Wales.
In E & W the starting point is :
1. He would have to pay 15% of his net salary to support your dependent child, This is subject to variation according to how many nights your 13 year old stays with him overnight.
2. It is likely he could have to pay a further sum on top of that by way of spousal maintenance ( SM ). SM depends on your needs and his ability to meet or contribute to them.
3. There is a house free of mortgage. I find it difficult to advise on housing without knowing more of the local situation. On the face of it, there may be enough to re-house you both. Another idea which I sometimes suggest to people on low incomes is part buy, part rent, where you pay a reduced share of the purchase price and pay rent on the balance. In low income cases housing benefit may be available on the rental element of the payments. However, making sure you both have somewhere to live is a high priority for the Court.
4. You would almost certainly have a claim to a pension split. If SM were awarded it might terminate when the split takes effect.
5. This is a long marriage and the norm would be a settlement somewhere in the region of 50/50.
I don't like to give to give detailed forecasts like the divorce calculator, at least not at this stage. The first requirement is making sure you both have enough to live on. How much is left after that has been taken care of does rather depend on your individual circumstances.
LMM

Thanks for your reply.

The norm here is to go for clean break if possible. eg a buy out of spousal maintenance.

Also child has substantial fees for school (300 per month). 50/50 seems low considering ex is on substantial salary compared to me and I am PWC.

Re pension would this be 50/50 also?

I would am not entitled to any benefits at all at present. I have paid out £10K so far in solicitors fees whilst working this is more than I earned in my part-time job. Now on legal aid (as no work)and have to make contribution of 180 per month for next 12 months. I am getting worried that I will end up in debt if this carries on. Just want a fair settlement.
Thanks

I'm not sure that any posters have sufficient experience of NI to answer the question. The statute in NI is very similar to that of England & Wales and the relevant section is identical to s25 Matrimonial Causes Act 1973 although it might be applied differently. That means your potential income is a factor to be taken into account.

In E&W the first consideration is also whether or not a clean break is possible. The parent with the majority of care doesn't automatically receive a larger share of assets than 50:50. With a long marriage if there are enough assets to meet the needs of both parties and no exceptional contribution from one party the assets are shared 50:50.

It's important to understand the rationale behind your husband's proposal. In your case it seems there are enough assets to provide you both with housing and perhaps your husband is working on the premise that he made an exceptional contribution to justify a larger share in his favour. Alternatively he might be discounting pension because it is being offset against other assets. Because pensions aren't a liquid asset they may be considered less valuable than something the can realise ready cash.

In addition if your potential income from all sources is low you are likely to be able to claim some SM. The stating point is to deduct your living expenses from your income to determine the shortfall. Your husband's living expenses are deducted from his income to identify his disposable income and ability to pay SM. Remember if he is paying CM and school fees that will reduce his disposable income. Then it is a question of determining how long a term SM should be paid and if there is enough money to pay you a lump sum which when invested along with the interest will provide an income until SM ends. When there is enough money a clean break is possible.