Better to wait for a divorce or not?

My husband and I separated at the end of last year when he left the family home and two children aged 2&4 years old.

I would like to get a divorce and he is ambivalent about it - almost happy the way it is at the moment.

Am I better to wait longer in that I would get a better settlement or should I go ahead and file now whilst he has guilt about leaving and is being rather kind. There are at present no other parties involved.

He works in an industry where his salary increases every year and ditto pension.

Sorry to sound like this but I just don't know which way to turn.

Not an easy question to answer without knowing more information.

First, and perhaps most importantly, your house. Is it in joint names ?

Then there is the issue of your children. He should be paying child support - is he ?

Is he paying anything on top of this for your support/maintenance ?

Without knowing your respective earnings it is not possible to advise on your possible entitlement, but my first reaction is that if he is happy with things as they are, he may have worked out that his position in a divorce would be worse and is therefore not in a hurry to force the issue.

Mike

Hi Mike,

In answer to your questions, the house is jointly owned and he is giving me an allowance that I have asked for in the interim which covers everything from Mortgage to clothes to starbucks. You name it.

I look forward to your reply as I have NO idea yet as to what I am looking at in terms of entitlement etc. when it comes to divorce.

Thanks.

Forgot to add that I don't work as two children under 5 and he does work and does better than he thinks I know!