Divorce and Pensions!

Discussion in 'Army Pay, Claims & JPA' started by slopey_shoulders, Jul 1, 2009.

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  1. Troops a few months ago i posted a thread on here for some advice, many thanks for those who replied!

    However i have a querie and im hoping it can be answered here.....

    Ex wife has said if i take on the massive loan that is presently in joint names then she will let me keep my pension. Currently in hands of solicitors negoitiations. She has a boyfriend and i have been reliably informed that they are planning on getting engaged and obviously eventually married. Now if i cave in and say yes to taking on this extra burden i save my pension...

    however she has been a total sh1t **** since we split last year, so is there any truth in the fact that if she is awarded 11 years of my pension, and then re-marries she isnt entitled to it.....if this is true then ill do it....really screw her, i know she wont recieve a penny until she is 55..

    any help to prove or dispell this rumour greatly needed!!

    SS
     
  2. No sure about the pension side of it but as for the loan, it has nothing to do with you if she is with someone else then the new man can have the debt with her and him, she could back out of that and leave you with massive debt on the loan.
     
  3. Not sure if this helps but a female friend of mine who divorced 4 years ago from her WO1 husband was informed only a few months ago that because she had been living with her new partner for more than 12 months (She's bought a home with him etc) she was no longer entitled to the 25% share of his pension she was awarded at the time of the divorce. I'm not 100% sure of all the details, but she's shown me the letter she received and it's the genuine article. It appears that your ex no longer has to get re-married to loose a share in your pension, just co-habit long enough.
     
  4. the loan is in joint names mine and hers! so by law we are both liable for it!

    what she wants is too be totally debt free, and is using my pension as a bargaining chip!
     
  5. Well my ex wife is getting £12000 of my lump sum whenever i get around to actually leaving, she is living with another fella and has been for a couple of years, me? well i got married again (its the addiction to wedding cake :D ) but i queried this with both the court and the pension agency and was told it still stands ;)

    As for the pension, let her have it, she cannot claim it until she is legally entitled to draw it and she gets to keep the large debt she is trying to pass off onto you!
     
  6. Let her have the pension, then bump her off before she is due to collect
     
  7. actually i just found something that pretty much spells it out.

    if she gets a monthly pension as a result of your pension sharing or earmarking order and remarries she can lose it apparently.

    if however like me she gets a lump sum then it remains payable unless a provision is made by the court to remove it if she remarries.

    my missus was the greedy type and thought i got £33K for some weird reason when i left the Army, she knew nothing about long service or even commutation.

    So having had a lump sum order planted on me for £12K which she thought she got in her hand at the 22 yr point didnt really worry me, especially when the court order states "upon retirement" she also didnt account for the fact that through greed she used legal aid and its sitting over the limit of which she has to pay some of it back when she does get it :D

    Given that i am bill free and on todays rates going to be due around £56K with commutation its a small price to pay for the smug grin i still manage to keep :D

    I say again, let her be greedy (unless you have been married for 22 years in which case, hire a hitman! :D ) and go for the pension, dont straddle yourself with debt and interest unless its on your terms and make sure it is written into the divorce before you do ;)
     
  8. Just be careful about this,if she takes on the loan and defaults, whoever it is with will come back to you,unless you have a court order separating you from the loan,it is well worth speaking to a "reliable solicitor"(I say that even though i hate the Bastards)
    Better safe than sorry even if it means spending a few Quid.Good Luck.
     
  9. spoke with the solicitor again today, in a nutshell a judge will order the following:

    she keeps the house
    contents
    car
    11 yrs worth of my pension
    and she will pay half the loan off!

    or

    i keep 100% of my pension
    if i take this loan on.

    now she has been a total tw@t since we split, so i need to know should i say yeah fook it have 11yrs of my pension and we will keep paying the loan off together. but if she remarries this divvy WILL she lose entitlement to my pension? if this is the case just to wind her up ill say have the pension!

    itll cost me a further 6k if this has to go to a judge as we cant reach any form of a settlement, she wants it all....

    frankly im tired of paying through the nose for this so i may just tell the solicitor let her have it! especially if its true about cohabitation! as this december it will be 12 months since he moved in..

    she is denying he is living there and has sighned the affidavit to the court stating she is alone! foolish!

    also she is claiming single persons council tax, and single persond tax credits child benefit etc.....so a quick email with loads of evidence was sent last week! oops .............best thing is she is a probationer copper....

    whats the odds then gents of her losing her job? 2/1? or evens? your thoughts please!
     
  10. samm1551

    samm1551 Old-Salt Book Reviewer

    I would say that depends on who she knows.

    *Edited to add that she flaming well should lose her job though, women like her gave "single mothers" a bad name
     
  11. I was under the impression that once the pension had been awarded then thats it, end of, even if she remarries. I guess it will depend on what the judge and the court order says. Just remember, even if you agree to pay the loan together, if she defaults they will still come after you. Personally, if you can afford to, I would take on the loan and get rid of the bitch. It might cost you now but your pension is then protected and you never know when you might need it. Oh and she wont be entitled to the pension until she is 65 not 55.

    I trust you are counter claiming for her pension??
     
  12. When I got divorced I thought the ex was entitled to about 1/6th of my pension. We was married aprox 8 years=roughly 1/3rd my time 1/2 of 1/3 being 1/6th.

    She got greedy so I got a solicitor. My ex ended up with £4K and no pension share :D

    It broke down like this. She was still relatively young (<40) when we got divorced. She had not given up a career to marry me. So no share of my pension.

    She was using legal aid and so any cash payment over £4K and she would have to pay legal bills.

    I did have to pay for child support (and didn't object to that) but no "alimoney".

    Speak to a solicitor who specialises in family law.
     
  13. How much is the loan worth....

    How much is your pension worth....

    How much is HER pension (if any worth)....

    How much are your houses, etc. worth....

    It's all a numbers game.
     
  14. I have also gone through all this!!!! Its now absolute and she ended up with 31% of my pension.

    My point being the pension. She gets 31% of my monthly pension.

    My lump sum (termanation grant/resettlement) whatever you want to call it is mine. That is not my pension!!!. Thats come straight from the horses mouth in Glasgow and been agreed by the court. Job done.

    So all those greedy wifes who think they are going to get a nice percentage of your 50-60k think again. Thats not the pension.

    Also someone mentioned in this thread earlier about her getting the pension at 55. As of April this year that was no longer the case. She will recieve (im my case 31%) of my monthly pension the same time as i do. Mine is adjusted accordingly.

    Advice...Commute the lot!!!!!