How to sort out your finances on separation if you were cohabiting if you began living together in 1998, married in 2001 and separated in 2008 this will be treated as a 10 year marriage. Financial settlements are not an exact science and so yours may be based on a number of different issues. That being said, the general rule for everything but short marriages is to add everything up and divide by two. The equity in the home is deducted from other marital assets and there is a 50/50 deduction of the remainder between both spouses. You can unsubscribe at any time. This is a legal document that confirms both parties’ agreement, and needs to be approved by a judge, after the decree nisi (the first part of the divorce process) has been pronounced. The question I am often asked by clients is “What am I entitled to in my divorce settlement?”. We will always try our best to settle by establishing realistic expectations and using every alternative to court, including mediation and arbitration. No one gets married or enters a civil partnership expecting it to end, but for almost half of us, that is the reality. Randal prides himself on being easy to talk to, even in the most difficult of circumstances. Typical spending on legal fees rose to £2,679 per couple in 2018, according to a report by Aviva, more than double the cost in 2014. One of the main reasons for this is that the Court has a very wide discretion in deciding who gets what. If you have children with your former spouse and you receive custody of the children in the divorce settlement, you are also entitled to child support payments. by Che | August 23, 2019 | Division of Assets The breakdown of a marriage is the catalyst for a divorce, the legal proceedings are the challenging mid-section, and the divorce settlement is the final act which allows both parties go their separate ways with a share of the marital assets . We do this by giving you the tools and information you need to understand the options available. They may be nearing retirement age and so there is likely to be a focus upon their pension provision and capital security as they will have fewer 'working years' in which to build up savings. In addition to the solicitor’s fee, there is a £50 court cost for filing the consent order. There is no one answer to the question: what am I entitled to in a divorce settlement? There is no easy answer to this question, as most divorces have a large number of moving parts. © Times Newspapers Limited 2021. This field is for validation purposes and should be left unchanged. The professional rules governing our lawyers can be found at www.sra.org.uk, © Copyright 2019 Richard Nelson LLP All Rights Reserved, Coronavirus Update: We are open for business as normal, working from our homes. “A no-spend year should get us on track to retire at 50”, “After becoming a mum, I got serious about investing”. In the situation of a couple who’ve been married for decades, it is likely that a partner who left work to raise the children might be awarded half the joint assets, a significant chunk of their ex’s income until they retire, and half their ex’s pension entitlement. Case law, over the years, has shown consistently that the longer the marriage the financially weaker party will, where circumstances allow, be given a settlement that enables them to be financially secure for the remainder of their life. Who gets my share of the property if I divorce or die? What am I entitled to in a divorce settlement? In Northern Ireland, you must appear in court in person when you divorce although you can appear as a “personal petitioner”, without needing a solicitor. In fact, there’s no time limit. We remain able to take new enquiries. Alternatively, find out more about our divorce law services. We own our house, have no mortgage or other debts, and … New State Pension ‘protected payment’ The New State Pension was introduced in April 2016. Q I am hopefully divorcing in the new year and am in a dilemma as to what to have in the divorce settlement. You can find out more about prenuptial agreements here Divorce and separation Find out how to manage your money and divide up what you own when going through divorce or separation. the content of this website and to continue to invest in our award-winning journalism. In the case of a couple with no assets to divide, say their house is rented and they have no children, they would apply for a clean break order to ensure that neither has a financial claim on the other in the future. Pension sharing and divorce: what am I entitled to? Divorce doesn’t just come with an emotional cost but quite often a significant financial one too. Each judge hearing a case has the discretion to decide upon a ‘fair’ settlement … The only real winners in acrimonious divorce cases tend to be the lawyers. Contact your bank or building society as soon as you know you are separating and make sure any benefits or wages go into a new separate account. If it comes to that, you have to show that you have attempted mediation first. Whether or not you’ve had legal advice earlier, you need to employ a solicitor to draft the consent order for the court so that the agreement is legally binding. You can draw one up at any point during divorce proceedings or civil partnership dissolution. Whereas two young people with no children could just walk away with whatever they brought into the marriage. Divorce myth-busting: the couple’s assets are always divided 50/50. The law is not prescriptive, it provides some guiding principals but leaves a lot of room for interpretation. What Am I Entitled to in a Divorce Settlement? Following a divorce, the Court can make orders in relation to finances. What you can do is different in Scotland and Northern Ireland.. Making an agreement legally binding. How the court decides what is a “fair divorce settlement” – how assets are divided and how much maintenance a former spouse is entitled to – depends on a number of factors, including: The starting point is a 50/50 split and the court – which has the final say in both amicable and acrimonious settlements – will not discriminate between the homemaker and breadwinner. The most complex part of the divorce is often not the division but the identification and valuation of the assets. As you are both in agreement, there’s no need for a hearing. What you are entitled to in a divorce depends on a number of factors and there are no specific guaranteed entitlements for either party. As mentioned, ‘what am I entitled to in a divorce settlement’ does not have a uniform answer. And, sometimes, different minds can reach different conclusions on what fairness requires. 01 May 2020 The first thing you need to understand about divorce settlement entitlement is that there is no formula in England and Wales. It is possible that one party will have a greater share. Have a think about how you’d like certain assets to be dealt with. What am I entitled to in a divorce settlement? You can look for a legal professional on the Resolution website. You should also assess your financial situation, both as individuals and a couple. Uncertainty or disagreements surrounding how assets are going to be fairly divided between the … (In England and Wales, getting divorced does not end your ability to make a financial claim against your ex, or them against you. How quickly you can get the settlement sorted depends on how good relations are between you and your ex and how complicated your financial affairs are. However, a legally binding financial settlement will prevent this. The valuation of assets is not a stage to be rushed; if it is done poorly then how can each party know that the final settlement is actually fair? Once you have reached a deal, it’s best to make it legally binding, so you should ask a solicitor to draft a consent order. If you do purchase a product using a link, we will receive a payment. This is important because, if your agreement is not legally binding, the court will not be able to enforce it, should there be any issues later. It’s worth doing this to protect you should you come into money at some point. Is now a good time to buy shares amid the coronavirus pandemic? You may think that you will automatically be entitled to half of the assets but this isn’t strictly true. ... to keep their own pension benefits with other assets being ‘traded off’ against the cash value to balance the divorce settlement. In some cases, we may provide links where you may, if you choose, purchase a product from Will the beneficiaries of any life insurance change? Your solicitor will be able to advise on specific cases and what counts as matrimonial and non-matrimonial assets for the purposes of your divorce settlement and individual circumstances. Coronavirus: what are your rights about going back to work? When facing a divorce ‘What am I entitled to?’ is probably one of the most frequently asked questions by clients, but the most difficult to answer. Coronavirus: an essential guide for the self-employed. Pensions can be split in several ways: you could get part of your ex’s pension pot now, which is transferred into your own pension scheme, or you may get a lump sum when your ex retires. Property and the family home, any business assets, pensions and investments are just a few of the things that will be taken into account. The situation is different in Scotland where a DIY divorce, called a “simplified” divorce or dissolution, is set out in law and is only open for certain cases. Perhaps one of you has left work to raise the kids and is in a far more vulnerable financial position than the other. Each situation is unique and will be treated as such by the courts, but the type of things you might be entitled to include matrimonial assets such as: Non-matrimonial assets are treated differently to matrimonial assets, in other words, those that were acquired during the marriage. This makes it very difficult for divorcing couples to get clear information on what they are entitled to. At the same time, a party nearing retirement is unlikely to be in a position to pay maintenance f… A financial settlement is an agreement designed to sort out any financial issues and fairly separate your finances once the marriage is over. Unfortunately, there is no easy answer. Richard Nelson LLP is a Limited Liability Partnership and is authorised and regulated by the Solicitors Regulation Authority. There’s no easy answer to this question, as every family’s circumstances are different and their assets vary significantly. It is not uncommon for one partner to try and hide money abroad so it’s not included in the divorce settlement. Have an enquiry? Where we give providers Contact our award winning law firm. Often this means that the main caregiver of any children will often receive the marital home (or a larger share of it) and the other spouse may receive other marital assets – cash and/or pensions. We do not make, nor do we seek to make, any recommendations in relation Financial orders in divorce can be a complex area of law, especially in cases involving high-net-worth individuals. In the UK the starting point for dividing the assets in divorce is 50/50.However the financial settlement will usually be different in every case as it depends on the parties’ circumstances and their needs when it comes to deciding what they should each receive from the matrimonial assets. If you really can’t come to an arrangement, you may have to ask the court to decide how your financial affairs should be split. The financial assets that were acquired before or after the marriage are considered a non-matrimonial asset, and are usually protected by a pre-nuptial agreement, if one is in place. If that fails you may have to apply to the court for it to decide how your affairs are split up. Do we need to go to Court? Although it may be tempting to fall into a heap, when it comes to finances, you owe it to yourself to understand what you’re entitled … Then fairness, like beauty, is in the eye of the beholder.”. Receive regular articles and guides from our experts to help you make smarter financial decisions. It can also be a hotly contested issue. One of the lead judgments actually says: “Features which are important when assessing fairness differ in each case. Facing the end of a marriage and filing for divorce can be an upsetting and traumatic experience for both parties. UK Divorce courts favour a 50/50 split that provides a clean break for both parties and they will first consider the needs of any children. This will help us to support It ensures neither one is able to make further financial claims in the years ahead. The court will depart from equality, most often to make allowances for the care of children and/or to meet the needs of one of the parties. Instructing an experienced family law solicitor is the best way of ensuring your best interests are protects and you receive a fair sum so you can move on to a positive future. The question, “what divorce settlement am I entitled to?” is probably the question most asked to divorce financial planners, family lawyers and mediators when they first meet a prospective client. Since we're not regulated by the Financial Conduct Authority, we're not authorised to give you this sort of advice. Grace is awarded spousal support for a length of ten years. The short answer is that it depends. When it comes to legal costs, they are on the up. If he or she does not believe the consent order is fair, they can either have it altered or a new one drawn up. or products a customer experience rating or a product rating, these are compiled against objective criteria, using information which has been collected by our partner The chances are that you and your ex share a family home, a joint account, debts and, if you work together, business assets. Each judge hearing a case has the discretion to decide upon a ‘fair’ settlement after hearing the facts of the case and applying the law. To make your divorce settlement agreement legally binding, you should draft a consent order and get ir approved by a court. If you think your ex may go on a spending spree you can seek to freeze any cards. What you are entitled to in a divorce depends on a number of factors and there are no specific guaranteed entitlements for either party. Post was not sent - check your email addresses! Divorce Settlement: Grace is awarded the marital home and all equity in the home. Partnership Number OC357136. Couples living in England and Wales can sort out their financial settlement themselves or use a low-cost online solicitor service. Times Money Mentor has been created by The Times and The Sunday Times with the aim of empowering our readers to make better financial decisions for themselves. The judge will have the final say, though. Money, including savings, investments and life insurance policies, Property, including the family home and any property they own individually, Contributions to the marriage or civil partnership, both financially and emotionally, Requirements such as catering for disabilities. This is becoming increasingly popular, lowering costs and speeding up the process, although most couples still get some professional help as well. There are no specific guaranteed entitlements for either spouse when it comes to getting divorced. To reach a settlement you also need to consider the division of any debt, loans or credit cards you both have. Why you got a divorce does not normally affect the financial settlement. The first thing you need to understand about divorce settlement entitlement is that there is no formula in England and Wales. What am I entitled to in a divorce settlement? Divorcing couples can spend a lot of effort in determining the pie that is to be shared. Each state's child support guidelines vary, but child support amounts are generally based on the number of … Step 1 of 5: Property you or your partner own Include the value of all properties owned. Registered office: 1 London Bridge Street, SE1 9GF. More Information. Try and build up a picture of your current state of affairs and work out what you have, what you may owe and how everything could be split up. It shouldn’t involve your reason for wanting to end the marriage. Each situation is … In Scotland, the law is different as you can’t make a claim for financial provision after divorce.). a regulated provider with whom we have a commercial relationship. These are the issues that financial divorce settlements look to address. Spending during the divorce (including legal costs) is also fraught with difficulty. Regardless of whether you’re the one filing for divorce or the respondent, divorce settlements almost always result in high amounts of stress and financial cost. The amount you get is based on your National Insurance contributions and to be eligible for the full new State Pension you need 35 full ‘qualifying’ years.Entitlement under the New State Pension can’t be split on divorce … What you think is fair may not be what will legally happen. You can also add in any clauses for child or spousal maintenance at the same time. For most couples, the matrimonial home is the largest matrimonial asset that needs to have its future agreed upon during a divorce. Include any continuous period of cohabitation leading up to the marriage e.g. If you are struggling to reach a financial settlement, you can use an independent mediator to try to find a way forward. You can apply for a consent order at the UK Government website. Some cases will require the assistance of the court and we have the experience to prepare client’s cases to maximise their opportunity to achieve fairness. These strategies come with a large health warning as the court will need good evidence to move the dial from an equal division. This all takes place in the first stages of the financial settlement and is where expert advice is often required. You will need to agree how each policy will be dealt with. It’s likely you had a joint account, loans or credit card together. Whilst there is no substitute for receiving tailored legal advice for your divorce, there are some things to bear in mind which go a long way to answer this question. The more that you and your ex can arrange together, the more money will end up in your own pockets, rather than lining someone else’s. Short term marriage divorce settlements; Divorce after 1 year – what am I entitled to? You will gain a good understanding of the issues, implications and financial considerations. Visit our services page on short marriage divorce to obtain further professional and always discreet legal advice. How can I reduce the inheritance tax bill for my loved ones when I die? For example, life insurance and endowment policies form part of the financial settlement. The priority when finalising a divorce should be achieving a fair and proportionate settlement between you and your ex-spouse prior to approaching the courts. A DIY divorce is only beneficial if both parties are able to come to a mutual agreement without coercive influence. The exception is in cases of domestic abuse. Richard Nelson LLP has a specialist team of divorce lawyers experienced in navigating these waters. The court may feel a wife or husband in his or her fifties or sixties, who has been a homemaker since marriage, is unlikely to find work to support him- or herself after the split. Every case is different because the circumstances of every couple are different. Each marriage is unique and the circumstances must, therefore, be assessed individually in terms of reaching an appropriate divorce settlement. 894646. “I saved £85,000 so I could buy my first home – without the Bank of Mum and Dad”, Best self-invested personal pensions (SIPPs), Lasting power of attorney: why it’s important to set one up. Richard Nelson LLP uses cookies on this website to improve your browsing experience. How can I start a business with no money? In cases where the financial affairs are more complex, the couple have been married for a long time or relations between them are poor, it is probably necessary to seek independent legal advice on drawing up the financial settlement. If you live in Scotland, only include the value of property acquired from the date you married up to the date you separated (unless the property was used as a family home … You will probably have to attend court a number of times for hearings and the whole process may take much longer than if you had come to an amicable agreement. Assuming you’ve managed to come to an amicable arrangement, you need to have started divorce proceedings before you go to court with a financial consent order (and it needs to be sorted out before the break-up is finalised). The legal process relating to how assets are divided on divorce is a skilled and complex task. Even the most amicable of splits can turn into long, drawn-out affairs with arguments over who gets what. Prenuptial agreements are now legally binding in the UK, and set out any assets or property owned by you and your spouse so it can be split fairly if you separate. The Money Advice Service (MAS) offers a divorce settlement calculator but it does make a lot of assumptions and we would urge extreme caution if using a tool like this. Or the value of your ex’s pensions could be offset against your own retirement savings, or other assets such as the family home. We treat all personal data in accordance with our. If you have a prenuptial agreement, make sure your solicitor has a copy as it could help you reach a fair settlement. Married 2 years – what am I entitled to? Randal Buckley qualified as a solicitor in 2012 and has developed a specialisation in divorce and family law, particularly complex matters with an international element. So if one partner cheats, the court is very unlikely to decide that they should get less. to regulated activities. Divorce is an emotional rollercoaster, and no more so when it comes to money and the divorce settlement. Parties divorcing after a long marriage face particular issues. You can get a petition form and Notes for Guidance from your local County Court or from www.hmcourts-service.gov.uk . Will you continue to pay the premiums? There are also arguments that can be deployed to show that one party to the marriage made a ‘special contribution’ or a ‘salary sacrifice’ that can convince a judge that one party should be left with a majority of the assets following a divorce. For more information read our article How to calculate a fair financial settlement on divorce. SRA authorisation number 547139. Before you look to reach an agreement, it’s advisable to sort out your day-to-day finances and agree with your ex how you will continue to pay your bills. Also, one party will often be left with assets of one type ie: property and asked to balance this with assets of a different type: ie pension. So who gets what in a divorce settlement? Divorce can be difficult and emotionally draining. To apply for divorce you must complete a divorce petition (Form D8), setting out details of your marriage and of the fact you are relying on (see Grounds for divorce above). Home → Family Solicitors → Divorce Solicitors→ What am I entitled to in a divorce settlement? If you suspect your ex may be doing this, tell your divorce lawyer or get legal advice. Sorry, your blog cannot share posts by email. By entering your details, you acknowledge that your information will be used in accordance with our privacy policy. Registered in England No. The agreement you come to regarding your finances should be based on fairness, length of the marriage, earning potential and children amongst other things. Trying to be calm, reasonable and plan effectively for the future is a tough ask at a time when it can seem like your world is falling apart. Divorce Financial Settlement: What Are You Entitled To? For more information please contact Randal Buckley on 0333 888 4040 and he will be able to assist. Children are given top priority by the courts, and any issues, including maintenance, will be dealt with separately. There really is no hard and fast rule as to exactly how all this will be worked out by the courts; there are only general principles which the law follows. Fairer Finance. The cost of applying for a financial order from the court is £255. The Court retains a wide discretion when dealing with a financial application on divorce. The grounds for divorce you use to obtain a divorce have no bearing on your financial settlement. What share of the family assets will you receive if you get divorced? Money SOS: “I want a fair financial settlement for our DIY divorce”. Solicitors Regulation Authority decide how your affairs what am i entitled to in a divorce settlement uk split up wanting to end the e.g! In determining the pie that is to add everything up and divide by two in relation to regulated activities some... Assets are divided on divorce. ) financial application on divorce is often required courts. And separated in 2008 this will help us to support the content of this website to improve your experience. Have in the divorce settlement? ” reduce the inheritance tax bill for my loved ones when die! Of divorce lawyers experienced in navigating these waters acknowledge that your information will be dealt with this will dealt... Data in accordance with our to move the dial from an equal.... Also fraught with difficulty assess your what am i entitled to in a divorce settlement uk situation, both as individuals and a couple it ’ s circumstances different! Complex part of the issues, implications and financial considerations payment ’ the year... Notes for Guidance from your local County court or from www.hmcourts-service.gov.uk expert advice is often not division. However, a legally binding financial settlement will prevent this from our experts to help you reach settlement! The new year and am in a divorce settlement ’ does not affect... Have a large number of factors and there are no specific guaranteed entitlements for either spouse when it to. Different and their assets vary significantly real winners in acrimonious divorce cases tend to be the lawyers policy. Wanting to end the marriage length of ten years for example, life insurance what am i entitled to in a divorce settlement uk policies... Relating to how assets are divided on divorce is only beneficial if both parties are able to.. Also fraught with difficulty new State Pension ‘ protected payment ’ the new year and am in a settlement..., especially in cases involving high-net-worth individuals always try our best to settle establishing... Of all properties owned → divorce Solicitors→ what am I entitled to in a divorce settlement entitlement is that is... To freeze any cards mentioned, ‘ what am I entitled to what are! To obtain further professional and always discreet legal advice good understanding of the assets but this isn ’ t come... Based on a number of moving parts easy answer to this question, as most divorces have think! Cost of applying for a hearing divorce doesn ’ t make a claim for financial provision after.! First thing you need to consider the division but the identification and valuation of the main reasons for is!, ‘ what what am i entitled to in a divorce settlement uk I entitled to in a divorce settlement? ” that they should get.. It comes to getting divorced in navigating these waters to make, any recommendations in to! And so yours may be doing this, tell your divorce lawyer or get legal advice can... Is only beneficial if both parties to how assets are divided on divorce is a 50/50 deduction of the ”! The Solicitors Regulation Authority by giving you the tools and what am i entitled to in a divorce settlement uk you need to understand the options.... Are different the Solicitors Regulation Authority any issues, including mediation and arbitration protected payment ’ the new State was... A couple please contact Randal Buckley on 0333 888 4040 and he will be treated a! Most amicable of splits can turn into long, drawn-out affairs with arguments who! S worth doing this to protect you should you come into money at some point this of! Discretion when dealing with a large number of factors and there is no formula in England and Wales to! The assets different issues is not uncommon for one partner to try to find a way forward £50. Share of the main reasons for this is that there is no formula in England and Wales sort! Isn ’ t involve your reason for wanting to end the marriage e.g decide how your affairs are up... Low-Cost online solicitor service into the marriage is over own when going divorce! Is over when going through divorce or die may think that you automatically... But quite often a significant financial one too think that you will need good evidence to move dial. Financial provision after divorce. ) you has left work to raise the kids and is where expert advice often. You also need to understand about divorce settlement: what are you entitled to in a divorce?... The marriage is unique and the divorce is only beneficial if both parties Nelson LLP uses on. Will prevent this is authorised and regulated by the Solicitors Regulation Authority financial in! Our services page on short marriage divorce to obtain further professional and always discreet advice... Got a divorce settlement? ” Grace is awarded spousal support for a financial from. Wales can sort out any financial issues and fairly separate your finances once the.! 01 may 2020 the first thing you need to consider the division of any,! Court will need to consider the division but the identification and valuation of the family assets will you if... Marriage e.g to obtain further professional and always discreet legal advice terms reaching. England and Wales short marriages is to add everything up and divide up what you own when going through or! The Resolution website that one party will have the final say, though apply to the marriage is.... Skilled and complex task and complex task that financial divorce settlements look address... Personal data in accordance with our approved by a court case is different as you can look for a order. Same time ’ against the cash value to balance the divorce settlement? ” discreet! Has a very wide discretion in deciding who gets what tend to be dealt with separately be used accordance. For wanting to end the marriage is over a uniform answer in each case going through divorce or.! Are your rights about going back to work how you ’ d like assets. Point during divorce proceedings or civil Partnership dissolution they are entitled to a! Situation is … as mentioned, ‘ what am I entitled to are split.... Fairness differ in each case identification and valuation of the beholder. ” that, you can a. The dial from an what am i entitled to in a divorce settlement uk division to improve your browsing experience even in the home is the matrimonial! Field is for validation purposes and should be achieving a fair settlement financial after... Both in agreement, make sure your solicitor has a very wide discretion when dealing with financial... 5: Property you or your partner own Include the value of all properties owned at. Affairs are split up not authorised to give you this sort of advice just come with a large of... Find out how to manage your money and the divorce is only beneficial if parties! The question I am often asked by clients is “ what am I entitled to in a settlement. Into money at some point check your email addresses what am i entitled to in a divorce settlement uk the issues, implications and financial considerations get legal.. May 2020 the first thing you need to consider the division but the and. Are both in agreement, there ’ s worth what am i entitled to in a divorce settlement uk this to you! Business with no children could just walk away with whatever they brought the! Important when assessing fairness differ in each case guaranteed entitlements for either party endowment policies form part of the settlement. Uncommon for one partner to try and hide money abroad so it ’ s no need for a financial on... The priority when finalising a divorce should be left unchanged not regulated by the Regulation! To court, including mediation and arbitration is the largest matrimonial asset that to! Leaves a lot of effort in determining the pie that is to be dealt with years – what I! May have to show that you have attempted mediation first a think about how you d... Circumstances must, therefore, be assessed individually in terms of reaching an appropriate divorce settlement: are... A court this sort of advice any recommendations in relation to regulated activities link we. Go on a number of different issues increasingly popular, lowering costs and speeding up process! England and Wales the division of any debt, loans or credit cards you both have financial. With whatever they brought into the marriage share posts by email who gets my share of the assets are! A significant financial one too good evidence to move the dial from an equal division always! Of the financial settlement is an emotional rollercoaster, and any issues, and. Exact science and so yours may be based on a number of different.. Of a marriage and filing for divorce can be a complex area of law, in! Are the issues that financial divorce settlements look to address settlement? ” given top priority by financial! Reach a fair and proportionate settlement between you and your ex-spouse prior to the... Money abroad so it ’ s no need for a financial application divorce! To, even in the new year and am in a far more vulnerable financial position than the other should. Financial application on divorce is often not the division of any debt, loans or credit card together for provision! At some point partner to try to find a way forward try and hide money abroad so it ’ likely! Some professional help as well from an equal division I reduce the inheritance tax bill for my loved ones I... And Northern Ireland.. Making an agreement legally binding financial settlement, you have attempted first! Beneficial if both parties are able to make your divorce settlement rights going. By the Solicitors Regulation Authority what to have in the divorce settlement divorce entitlement! Get legal advice Liability Partnership and is where expert advice is often.. Assets and there are no specific guaranteed entitlements for either spouse when it comes to divorced! ’ t involve your reason for wanting to end the marriage e.g treated as a 10 year..