How do the courts treat post-separation earnings? Robert Micklem & Lucy Marks report
It is not uncommon for one person in a divorce to earn a bonus between the date of separation and final settlement on divorce. With bonuses often forming a large part of the available family assets, many clients want to know how such sums will be treated by the court when it comes to deal with a final settlement.
Unsurprisingly, given the discretionary nature of the court, the answer is not straightforward, but the recent case of H v W [2013] EWHC 4105 (Fam), [2013] All ER (D) 249 (Dec) in which this firm acted for the husband, has provided some clarity.
Matrimonial or non-matrimonial property
Ideally a spouse in the midst of divorce proceedings would wish to claim that any money earned post-separation should be treated as non-matrimonial property and thereby should be ring-fenced from the divisible wealth. However, even non-matrimonial property can be made available for distribution.
In N v F (Financial Order: Pre Acquired Wealth) [2011] EWHC 586 (Fam), [2011] All ER (D) 96
