Divorce and Pension!

Discussion in 'Armed Forces Pension Scheme' started by slopey_shoulders, Apr 23, 2009.

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  1. Im not the first or will i be the last bloke to go through this minefield called Divorce!

    I am currently going through a very bitter divorce, wife and i were married for 11years and 1 day!

    the info that i need if possible is this:

    when i leave at my 22yr point will she recieve a lump sum from my pension? (11yrs worth)

    like me, will she recieve an amount each month?

    any help, or guidance greatly appreciated!

  2. The cow* will probably get a proprtion of your pension when you draw it; this is known as earmarking. Its a job for the Court to decide how much, but no reason why you should not consult an IFA who specialises in this field. The Law in the Great Northern Waste differs from that in England by the way; up there they only take iunto account the pension accrued while you where actually married.

    * its always her fault.
  3. I have been through this mate and she was a box head!

    I managed to pay her off though 20k at the time of divorce, she signed papers to agree not to touch my pension and was endorsed by a Basingstoke Court..

    However my take on this is if you where married for 11 yrs and she wants to screw you for every penny, then she is entitled to half the 11yrs...so she would get 5.5yrs worth of your lump sum and monthly pension. I maybe wrong.
  4. Yep, there has been a thread on this previously and the common advice (which you MUST heed) is seek professional legal advice.

    I was certainly obliged to make a "Pension Sharing Order" but that bought a Clean Break. I think in your case she could oblige you to sign away 11/22nds of your pension - and gratuity.

    But there will be many other factors - property, posessions, children, mood of the judge etc that could alter things.

    Only person who can guide you though is your solictor/barrister. FFS stay away from unnecessary arguments - I didn't and it cost me £8.5K in legal fees - and didn't get me out of the rape of my pension. Solictor didn't mind the arguments - more money to her. Keep your cool but get legal advice. By the way - it will cost you to get pension readouts from Glasgow because nobody really understands our pension set up.

    Good luck
  5. Sorry - yes - the Count is right Half of 11/22nds
  6. Ord_Sgt

    Ord_Sgt RIP

    Counter sue the bitch, you are entitled to a share of what she has too. Don't for a second give her anything on a plate, make it as difficult as possible for her, she may give up, mine did.
  7. Having been through the same myself, you need up to date good legal advice, this is not a field for mess deck lawyers, the penalties can be way to high.
  8. Got my divorce finalised last year. Legal advice is a MUST have.

    Ask about a "Consent Order - Clean Break". If I understand correctly, it can ONLY be applied for after the Nisi is issued and is ratified by the beak at the same time as issuing the Absolute. In essence you agree with her (could be tricky!) what each of you gets and puts this in writing. When you sign, you BOTH sign away your LEGAL RIGHT to sue the other for ANYTHING at a future date. It is legally binding.

    Got mine to agree and sign one so I know exactly what my future commitment will be now. She sensibly agreed to have nothing! . 8)
  9. Yup.... long story short! I went for the "Clean break" option myself. Signed away a hefty chunk of my lump sum but at least there can be no future claims to any monthly pension income, lottery win etc etc.

    All slightly easier for me as the kids were no longer in education and looking after themselves, so i had no hassle with the likes of CSA.

    Whatever your personal circumstances bud, the previous advice posted here with regards to GOOD legal representation is sound. May not be as expensive as you think (not 1000's of pounds) and is a must.

    Good luck Slopey_shoulders.... never an easy thing to going through at the best of times.
  10. Actually, that is only true providing you have both been truthful on the form ref income. If it can be proven that one has lied then it can be taken back to court but at a price. Something to bear in mind should leaverage ever be required in the future! :twisted:
  11. Always seek good legal advice get your CETV valued by an Actuary this will cost but you But well worth it as a uniform final salary pension is normally undervalued .and it could cost you in a divorce settlement.I.
    Armed forces pensions can potentially be negotiated with the scheme to give an enhanced CETV.
    This properly doet have any thing to do with your question but ask your solicitor about this if you havet already .
  12. I too was married to a boxhead who stood to gain from my pension.But she don't get nothing now........she died of a heart attack in her sleep and died last year.That will learn her.
    • Like Like x 1
  13. Firstly as others have said, see a professional but the answer to your questions in relation to a pension sharing order (at least in the UK where I'm assuming you are to be divorced) are:

    No, she won't get a lump sum from your pension, in the case of a clean break the pension sharing order will segment a proportion of your pension and allocate it to her, she can then claim this (she has to make the claim) when she is 65 and it will b paid as a monthly pension. You can never retrieve this portion of your pension as it legally becomes hers even if she dies, remarries etc.

    For your info there is no legal reason that she is entitled to 11/22 of your pension, this is an oft quoted myth but often used as a starting point in negotiation. The amount she gets will depend on your overall financial situation and is calculated depending on your total wealth v debt, the system will try to ensure that both sides wallk away in parity so will add up your pension assets, property, savings, shares etc take away debt and redistribute the remainder, this is why you will need the Cash Equivalent Transfer Value of your pension. Potentially you could end up losing more or less than the 11/22 that you think she is entitled to. As an example in my case after 18 years of marriage I ended up losing 10% of my pension, that little deal cost me a one off cash payment of £55k but it was worth it for the clean break.

    You don't say how many years you have served? A word of warning, the CETV of your pension will rise massively when you pass the 22 year point (depending on your pension arrangements this could happen at 18 years (AFPS 05) as it is calculated on what you would receive on the day the calculations are made.

    Talk to lawyer, be completely honest with them, it could save you a lot of money in the long run.
  14. thanks all for your views, advice etc..

    a few things i didnt mention! been in the forces for 17yrs.

    i have put forward the following proposals to my solicitor:

    she gets:

    1. signs the house off me.
    2. the contents +car
    3. takes on the joint loan (for home improvements)
    4. keeps her mil/police pension
    5. clean break.

    i get:

    1. my pension.
    2. clean break.

    im not asking for a great deal here and im hoping a judge will go in my favour. that is if she rejects these, she has so far!!

    the other thing is we are currently sorting out the form E (financial disclosure) if she fails to mention the fact that the cnut that is living with her on the forms and she signs!!! oh boy my solicitor will be rubbing his hands! why? because this bloke of my wifes has been seeing another woman since he has been with her. i got in touch with this "other woman" and informed her of what he was up to, so she promptly "popped" in for a brew and a chat! showed my wife the emails etc he had sent to her detailing where to be and in what state of dress so he could give her a good ploughing!

    this woman dutifully reported back to me what had been said when she visited my home and my wife basically told her everything! - priceless! i know his car, bank stuff, insurance is all registered at my home! also the date he moved in etc....oh thats it my solicitor has a signed and sworn statement in his possesion to that effect. so if she signs this form E without disclosing him, im quids in!! the best thing is my soon to be ex wife has no idea that i have all this info!! he he he...

    will send sit-rep as and when....wait out!
  15. wow Slopey, its like a soap opera! Good luck with it, keep us informed.