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Post separation gains

Posted by bigtree 
Post separation gains
February 17, 2021 02:06PM
We separated three years ago, and sold the family home a year thereafter.

At that point in time, I unilaterally did a rough 50:50 split of the total equity, taking into account assets that were in my ex wife's name. This was only rough, as she was elusive about her asset values so I had to guess. She claims that the split was more like 70:30 in my favour, but I am not expecting her to win that argument for a number of other reasons.

In the last year (i.e. 2 years post separation), I have invested 2/3s of what I regard as my split in the stock market in a range of stocks; by the nature of the maths, this is 100% of what my ex would claim as being mine. I researched these stocks thoroughly, and these did remarkably well as a result - over this time, my investments have risen by c.£150k. I intend to argue that I only invested my share of the divided marital assets.

I read on this forum that the answer is highly dependent on ages, length of marriage, number of children etc... Those points aside, what factors would a judge take into account when deciding whether or not these gains are post separation active growth, and whether to award a 100%, 50% or other % split of them. What are the key relevant points in my argument that I need a strong evidence trail on?

Many thanks
Re: Post separation gains
February 18, 2021 09:29AM
>>I read on this forum that the answer is highly dependent on ages, length of marriage, number of children etc... Those points aside,

What you want to put to one side is overwhelmingly what is likely to be important. No court is going to look at the point you raise in isolation.
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