If you are separating from your spouse, you may have several questions concerning your entitlements moving forward. Separation is a major decision, so it is understandable that you will want to consider what sort of impact it will have on your current position and any future arrangements you would like to make.
Exactly what you will be entitled to receive can vary depending on your circumstances. Our family law experts can advise on all aspects of separation, so they are well-placed to notify you of your entitlements if you are separating from your spouse.
What am I entitled to if I separate from my husband or wife?
Property
The family home is one of the most valuable assets you and your ex-spouse will likely own. As such, deciding what should happen to any shared property during a separation can sometimes prove challenging.
Firstly, if a property is owned or rented in both names, you both will be entitled to remain living there. If the property is in your ex-spouse’s name only, you may still be entitled to stay living there. You can register your Matrimonial Home Rights with the Land Registry, which will protect your interest in the home.
Whether the matrimonial property is jointly owned or the deeds are in your ex-spouse’s name, you will normally have an entitlement to receive a share of the equity of the property.
This share of equity could be realised by one of the following actions being taken:
- The property is sold, and the funds split
- One party buying out the other
- The shares in which you own the property are adjusted
Assets and spousal maintenance
After separating from your wife or husband, it is also important to establish whether you are entitled to a share of their finances if you later decide to divorce. This could relate to savings, investments and pensions.
Your entitlement to a share of your ex-spouse’s assets will depend on factors such as:
- The availability of the assets
- Your ages
- The length of the marriage
- Your current and future earning capacities
- Childcare arrangements
- Contributions made during the marriage (financial and non-financial)
- Standard of living and ongoing living expenses
There is no automatic entitlement to spousal maintenance after a separation. If you cannot come to an agreement over spousal maintenance after separating from your spouse and the courts become involved, they will consider whether one party would need some form of maintenance to meet their ongoing financial needs and whether the other spouse can afford to pay it.
As part of a separation, you can sign a separation agreement to determine exactly how you would like your assets dealt with during future divorce proceedings that take place.
Arrangements for children
Making arrangements for your children after separation can be challenging, as you and your former spouse may have differing views on what will be best for their welfare.
It will usually be in the best interests of children to have a relationship with both parents, so you are entitled to maintain a relationship with your children after separation.
If you are being denied contact with your children after separating from your spouse, you will have several options. These include:
- Negotiating directly with your former spouse
- Trying to make arrangements with the help of a family mediator
- Applying for a Child Arrangements Order
- Enforcing the terms of an existing Child Arrangements Order
Am I entitled to an equal share of my spouse’s assets?
Ultimately, the aim of a financial settlement will be to reach an agreement that is fair to both parties. In this context, ‘fair’ does not necessarily mean an even 50/50 split, so you won’t always be entitled to receive an equal share of your spouse’s assets.
While the starting point for negotiations may be a 50/50 split, various factors are taken into consideration, which may result in a departure from this.
Can I get benefits if I am separated from my spouse?
Yes, there are several benefits you could be entitled to receive if you have separated from your spouse and need additional financial support.
For instance, you could be eligible to receive:
- Universal Credit
- Job Seekers Allowance
- Employment and Support Allowance
- Council Tax reductions
How can I prove I am separated from my husband or wife?
If you are separated from your spouse but not divorced, you can provide evidence of this with a separation agreement or by applying for a judicial separation .
Our solicitors are here for you
If you need advice about separation and how your circumstances could determine what you are entitled to receive, our expert family law solicitors will be able to lend their support.
Our team can work alongside you to clarify your current position, assess what will be possible, and help you with any negotiations required to achieve the outcome you are looking for.
To take advantage of a free 30-minute consultation with an expert local family law solicitor, call 0800 321 3832 or complete our quick online form.
Abby Smith
Family lawyer St Neots
