divorce and pensions

Discussion in 'Finance, Property, Law' started by brettarider, Oct 28, 2008.

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  1. I've just recently got divorced and as the ex has tried to have me over I've made a claim on her pension which I'm entitled to do so now. At what stage will I qualify for it ie at the moment or wait until she is of pensionable age?
  2. General Melchett

    General Melchett LE Moderator

    I think it's when you are 65 as my ex is after my mil pension at the moment and that's what I've been led to understand by my solicitor.
  3. AFAIK a spouse gets her cut when you get yours ie monthly payments@40 after 22.
  4. You lose your pension portion from day 1. But she doesn't get it till pensionable age.

    Wonder why the government are so hard up?
  5. Should point out I'll not be getting anything at 22 years I left after 8 years....was wondering if I could claim hers now as it would do me as a deposit for a flat :?
  6. it depends on how your solicitor did the deal to get some of her pension. was it an earmarked prtion of her pension ? If that is the case, then you get your share when she decides to retire (in simple terms).

    If it is a pension share or split as some call it, then you get your share now. What that means is that you will have a credit into your pension of the sum that you are due, you will not get hard cash. That sum will have the effect of swelling your existing pension which will continue to grow until you retire.

    To work if you have an earmarked pension or a pension share/split look at the wording on the financial (consent) order drafted by your lawyers. If you dont have a financial order, you MUST have one for the earmark or share/split to have the force of law. Somewhere in the gobbledy gook it will mention the word "earmark" or Share" or "split". If i was a betting man I would say it was a share because earmarking orders are a pain to draft and not the best option usually.

    If you only have a military pension yourself, I am about 90% certain your pension share can NOT be added to the military pension. You should check that. So you could could be a seperate pension shareholder in your (ex) wifes scheme or start a new one up yourself.

    re post if you need more info
  7. My mate who's dealing with the divorce isn't so sure how it works at the moment I've told them I now want her pension I havent signed the final agreement from the courts with regards to splitting of the estate/funds
  8. elovabloke

    elovabloke LE Moderator

    Unfortunatly I know to many serving & ex serving who seem to know your mate.
  9. ???
    My mate is a qualified solicitor just hasn't had to deal with this since the law has changed not sure what you mean by the other stuff?
  10. elovabloke

    elovabloke LE Moderator

    Just because he is a mate and a solicitor does not always make him the best person to deal with a divorce case that’s all. Some are better & more up to date than others when it comes to certain subjects.

    I put it in the same category as "Don't lend/borrow money to friends and family". It usually ends in tears.
  11. Your mate would be best advised to tell you to go and see a specialist matrimonial Solicitor. If your Solicitor freind does not know the law since it changed he is well behind since the Pensions Act 1995 was the first of two significant pieces of legislation that affect pensions.

    Pensions and the law are complicated. To make things worse, military pensions are even more complicated, trust me I deal with them regularly (thats the area of law I Practice in) and even I get confused by them.. Your mate may not realise that by asking for some of her pension she can also ask for some of yours....and you may be making the situation worse not better.

    Get some proper specialist legal advice.
  12. Not got a military pension so to speak and to be honest I'm expecting her to try and claim some of my civi pension but there's more in her NHS one than mines so I'll still end up with a few more K than she will :wink:
  13. My advice remains the same - get specialist matrimonial legal advice from a experienced Solicitor.