Pensions on Divorce

Discussion in 'Finance, Property, Law' started by Berlin_104s, May 26, 2010.

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  1. Berlin_104s
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    Berlin_104s War Hero

    Evening All!

    I am on AFPS 75 and currently going through a divorce. Does the fact that my soon-to-be-ex-wife is now cohabiting with another bloke affect her rights to any of my pension?

    Many thanks

    Berlin :rmp:
     
  2. plastic_scouser
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    plastic_scouser Swinger

    i'm not a clerk, but i'm 99% sure it doesn't matter a tot until she re-marries, at which point she loses all entitlement to your pension. i've got a feeling it only concerns your lump sum, but don't quote me on that bit.
     
  3. Toptotty
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    Toptotty Old-Salt

    Sadly chaps the marriage of your ex-wife to be is irrelevant. Upon divorce your wife (and you) are entitled to a share of each other's assets )(pensions, cars, houses, savings are deemed assets. The share starts off at say 50/50 but then is modified by negotiation and then the court depending on certain factors: children still dependent, their ages, your and her relative earning capacity and how long you have been married with regard to the assets. Your pension has a Cash Equivalent Transfer Value (CETV), which APC are obliged to provide to your/her solicitors to estimate its value for the asset "pot".......so the answer to your question is really "it depends".......

    In my case, I have hung on to my entire pension upon divorce by ensuring that my solicitor negotiated that my wife's share of the asset pot was in the form of the other assets etc " house equity, some valuables and an amount of cash I paid her. This was a great boon to me as I intend to live a long time and collect all!

    I should also add that if a judge or financial settlement order was placed on your pension in your wife's favour for a percentage of it....the key bargaining device here is to point out that she does not see any of the money untill SHE reaches retirement age....which was one of the main reasons my wife settled for my split of assets proposal...she would have to wait over 15 yeasr till she got anything and I would have taken my equity share from the home she was living in.

    Hope that helps chap.....PM me if you want any more advice - it can be stressful, but with good advice and a good solicitor you can come out ok - also helps where your divorce is heard or posted - mine was Scotland, which is very much based on fair shares and no "meal ticket for life" etc.
     
  4. Bodhisattva
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    Bodhisattva Old-Salt

    I divorced my first wife in 2004 and no earmarking order was made against my pension. When I got my decree absolute, I checked to confirm that my ex wife would have no claim to my pension and was told that as she had not sought a judicial order, she was not entitled to any of it. Ever.

    A CETV was never sought by her or her solicitors from APC and the matter never came up for discussion. All through the procedure, I was told that unless she asked for it, she would NOT automatically be awarded any claim to my pension. She didn't ask and now she will never get :D
     
  5. Paymaster
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    Paymaster War Hero

    Ask your RAO for the booklet "Pensions on Divorce" or if you have access to DII you can get it yourself from the Defnet. It gives a lot of very good advice for you and your solicitor, the types of pensions splits and lots of contact nos.
     
  6. Recce19
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    Recce19 LE

    Is this booklet available to ex-squaddies as well? I'm 17 months seperated and it would be good to have!
     
  7. blindfire
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    blindfire

    The german bitch who left me signed away her right to any of my pension :)

    however she did get the house, so she couldn't really complain I suppose.
     
  8. Biscuits_AB
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    Biscuits_AB

    Bear in mind that it cuts both ways. She may be claim entitlement to a percentage of your 'assets', but you can also claim entitlement to a percentage of hers.

    You have to remove the frame of mind which tells you "I'm the bloke, I have to provide"... and so does she.
     
  9. Grey_Mafia65
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    Grey_Mafia65 LE

    I can't remember this being discussed during my divorce (both of us served), neither of us had anything you could call assets and I don't think our respective Army pensions were mentioned. As he's doing all he can to get out of paying child support, can the CSA use any of his Army pension to pay off this debt?
     
  10. A point to remember also is at what point in your military career did you marry. I took the second Zulu c/s on strength after I had committed to 22. Consequently, when it came time to divorce, a good solicitor put the case that the bulk of my service had been completed and that she had had minimal impact on 'supporting' my career and little or no call on my pension.

    Bless 'im, he wove such a web of wind and piss that she gave up in the end.
     
  11. vauxhall
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    vauxhall Sponsor

    Give Forces Pension Society a call on 0207 820 9988 or email davidm@forpen.co.uk and speak to the Pensions Secretary who is the National expert in Armed Forces Pensions. It is worth noting that the FPS is a membership Society and to get full personal service you will be expected to join - but it is only £30 per year. See also The Forces Pension Society
     
  12. I'm going through a the financial aspect of my divorce at the moment, I was married for 7 years. I'm out at the start of 2012 and I would have served 24 pensionable years. Am I right in saying that the witch gets none of my commuted lump sum and doesn't get a sniff of my pension until she is 55 (DWP rules). I am trying to come up with a trade off with my ex. We've had the first financial meeting at court and it's now costing £1000 between us for an accountant which has been ordered by the court to sort out our pensions and everything else. There is roughly £25000 capital in our house and an eight grand car to throw in the pot. I was thinking a wedge of my lump some, she keeps the house and car and i take my pension, fair trade or not.
     
  13. StickyEnd
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    StickyEnd LE

    When I was getting divorced, I thought my wife was entitled to about 1/6th of my pension and was going to pay her that. She wanted more, got legal aid and tried to bleed me. I then went to a solicitor who told me the ex was entitled to sod-all of my pension. My ex gets sod-all of my pension.

    Anyone getting divorced should seek legal advice from a solicitor who specialises in familly law.
     
  14. Hi, I've got a really good solicitor, I just like to ensure that i have all the facts when I go and see him, he charges £16 a minute so I like to be in and out ASAP, Ive been told ewhat she is entitled to go for by law but only the judge has the final ruling.
     
  15. schweik
    Online

    schweik LE

    Armchair Warrior, lots of people on here have lots of different experiences. Some good, some bad. Those who had solicitors had a mixed bag, again, some good, some bad. They each had their own specific circumstances, in terms of length of marriage, length of service, length of service within marriage, earnings and earning capacity (for themselves and their ex spouse), asset base, capital, pensions, incomes etc.

    You need to get a decent solicitor (there is a thread on how to do that) and give him/her all the facts. Then take his/her advice. A straw poll on here with a few highlights from your situation (as you see it) will not help, and will not shorten your consultation with your solicitor. A good solicitor is worth their weight in gold. Just check out some of the responses you've had on this thread to verify that. There are other threads (in the Law forums) that will also confirm that.

    My message to you is that you need to place your trust in the professional adviser of your choice, and not in us arrsers, some of whom may be great, and some of whom may be crap/embittered/flushed with their own success.

    Good luck with it!