Hi all.
The wife and I are currently discussing divorce. We’ve been married 18 years total but separated for the last 6 years. Throughout the marriage we lived in rented accommodation and are both now in our own rented properties, she still in the last property we rented which is a 4 bed and me currently in a 1 bed flat. I have our 17 year old son living with me permanently and our youngest son 12 we share 50/50 custody, both boys sharing bedroom and me on sofa bed. We have no marital assets whatsoever, no savings, no pensions or property. I always worked and the wife stayed home and claimed whatever benefits we were entitled to. She remained on benefits since the split and obviously now gets full benefits, rent, child benefit, family allowance etc plus universal credit. I’m not in a high paying job, around 24k gross and I pay her £150 pm maintenance for our youngest so our incomes aren’t vastly different each month. Btw I’m 54 and she is 42.
The thing is I’ve recently received a large inheritance (93000) from my dad who passed away last year. I’ve spoken to a solicitor who has told me this is a non marital asset because of the lengthy separation and has strongly advised me not to make her any offer due to her being on benefits and any lump sum would virtually destroy her income and also she would have to agree to this for a consent order to go through. I’ve told my wife this and she is quite happy not to pursue any of the inheritance but I would hate to see her get nothing and I just cannot see any judge in any universe rubber stamping this.
Any thoughts would be greatly appreciated
Thanks