Solicitor says court won't consider income needs?

I had a meeting with my solicitor last week and he said that the references to considering income needs in the Family Justice Council ''Sorting out Finances on Divorce' guide would not be considered by a court.

I'm a 51 yr old man and now have a 1 year old son, my Ex is 50. There are no children from the marriage.

She has a pension of her own, currently earns about £30k (£2k per month net) gross and at 67 would have a pension of about £28k gross.

I earn £47k (£2.7k per month) so although i have more income, I need it to pay for my child's needs. When I hit 67 I'd end up with a pension of about £40k gross.

My solicitor says it's all irrelevant, but if the pension was shared equally I'd be left with the same income as my ex but with a child to support. whilst it might seem unfair of me not to share (I have suggested some sharing) about 30% of the value of my pension was accrued after separation.

The solicitor basically said the court won't be interested in the detail of calculations. Iss this right?

It's difficult to say as it's not clear when you separated and whether you have a new partner with whom you share the care of your son.

Post separation acquired assets are usually treated differently but they can still fall into settlement calculations when trying to reach a settlement of overall assets.

If your solicitor has given advice I assume it is based upon more information than you have provided in your post? If so, you would need to share that information before anyone can form a second opinion.

Charles

Hi, I'm not sure he had much more information, although I do have a partner, who earns about the same as my ex.

The solicitor baiscally said that the FJC guidance only applies to self representing litigants (which I found a bit odd)

He also referred to pension valuations needing to be higher for women due to lower annuity rates (which i thought had been stopped).

I was suggesting that my ex has sufficient income for her needs both now and in retirement, and whilst I have additional income, but additional needs. Whilst my partner has income, I wouldn't expect the court to determine that I don't have to contribute somehting for my child?

Happy to get any feedback