50/50 not always guaranteed in Divorce or Judicial Separation in Ireland
RECENT HIGH COURT DECISION IN DIVORCE AND JUDICIAL SEPARATION IN IRELAND ON DIVISION OF PROPERTY says not 50:50 automatically, will depend on circumstances of the case and proper provision must be made for the spouses write solicitors Keith Walsh, Aidan Reynolds, Maryse Jennings of KEITH WALSH SOLICTORS LLP
Judge Jackson, the sitting High Court Family Law Judge in her recent decision of J.K.M. and L.M. [2026] IEHC 72 published on 11th February 2026 set out in the clearest terms, that equal division of assets was not appropriate in this case due to the provenance of the assets and the income generation characteristics of them, namely that the husband’s income was dependent upon them. Proper provision rather than asset division percentages is the objective to be achieved for both spouses. Although this case was a judicial separation rather than divorce the same principles would apply on divorce.
This judgement is incredibly clear and designed to be read not just by lawyers but by all those interested in asset division in matrimonial cases and is clear and easy to understand.
The parties were married in 2006 and separated in 2023, they were around 50 years old and had three children aged 17 ½, 16 and 14. Conduct by either party was not an issue.
In this case the total net assets were approximately €6 million, of which the family home was €1.359 million, residential properties with net value of €431,100.00 ex. CGT, purchased by the wife pre marriage and held in her sole name, a property in the sole name of the husband net value €335,000.00 ex. CGT, a substantial agri-business being a company which owned lands and business premises and was formed by the husband and his father in 2002 was now valued at €2,690,154 in which the wife owned 15 % and the husband 85 % of the shareholding, miscellaneous assets of €406,000.00 and pensions of approximately €454,000.00. The wife received €30,250.00 from the business gross p.a. and the childrens’ allowance while the husband received €78,000.00 gross. Their lifestyle had been financed by a variety of lump sum amounts from asset disposal over the years and Judge Jackson found this lifestyle was now unsustainable now due to the necessary division of assets as part of this judicial separation.
Jackson J. considered two circumstances as important
- The provenance of the assets of the family
- The income generation characteristics of some of the assets which were essential to the carrying on of the business from which the husband derives his income
The wife was seeking a 50:50 split of the assets. However, Jackson J. found that “assets derived from outside the marriage (inheritance, gift, pre-marriage, post-separation assets) are considered to be of a somewhat different character. It is not that they cannot be availed of to make proper provision, if required, but a more calibrated approach to them is required. Can proper provision be made without them or with limited intrusion upon them? The consequence of this is that in many (if not most cases) some, possibly substantial, regard for them will be needed to achieve proper provision. The extent of such is likely to be less in ample resources cases and especially so where there are such resources accumulated during the marriage.”
In this case the Judge ordered the sale of the family home and lands, net value €1.359 million and the proceeds to be paid to the wife at the end of the current school year. The wife’s 15 % shareholding of the agri-business company held in her sole name to be sold or retained at her discretion. The wife to retain her residential property which was already held in her sole name which the Judge intended to provide a secure income which could be supplemented with the wife working. The wife to continue to be employed by the business until the family home was sold and she was then to receive a termination payment of €36,000.00. No order for spousal maintenance. €2,000.00 per month child maintenance divided equally among the three children plus additional extras. A €100,000.00 lump sum to be paid by the husband to the wife within 6 months. Miscellaneous other assets such as horses and car, jewellery to wife and the wife to receive €266,297 of the husband’s pension by pension adjustment order, leaving him with €162,504 of the pension pot.