# Separated - can my husband claim part of a reundancy payment?



## heyho (17 Jul 2012)

Hi,

I am currently seperated from my husband and am renting a house with the children.  I am the sole earner at present and have stopped paying the mortgage on our family home as cannot afford to rent and pay the mortgage.
I am being made redundant from my job later this year and will receive a large lump sum.
Could anyone advise me what is my husband's entitlement to a portion of this (if any)?
Thanks.


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## martindfs (17 Jul 2012)

i know what id tell him.....but under the law of the land you are still married and he is entitled to 50/50. if you are legally seperated then different story


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## mf1 (17 Jul 2012)

"Could anyone advise me what is my husband's entitlement to a portion of this (if any)?"

"but under the law of the land you are still married and he is entitled to 50/50. "

Not so. The money belongs to OP. Husband can make a claim on the money certainly within proceedings but he has no automatic  entitlement. 

In any event even if proceedings  are not contemplated in the short term then OP would be well advised to keep careful account of what the redundancy funds are used for. 

mf


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## heyho (17 Jul 2012)

Ok, so he is correct as he is saying that he is entitled to it - even though I have said that it is being put away for the children's education.  Great, the local pub owners will be delighted.  :-(


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## heyho (17 Jul 2012)

Oh thanks mf1, didn't read your post before posting my reply.
Thank you.


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## mf1 (17 Jul 2012)

looking2011 said:


> get your legal seperation quickly before the redundancy comes through



That does not work. The Court and the husband are entitled to be apprised of the redundancy situation. Failure to disclose could mean any order being set aside.  Plus, the minor detail of the husband already knowing about it? 

mf


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