Divorce - Pension Breakdown?

#1
Married 14 years and 1 month of 23 year man service. I believe I should give my estranged wife 14.1 parts of 23 parts monthly and lump sum. How accurate am I?

Thank you.
 
#2
Unfortunately, you really need to get yourself some professional advice. There are no hard and fast rules on how to split a pension. It involves so many different factors so what's right for one person is completely wrong for another. If I were you I'd speak to your solicitor and get the advice which is accurate for your situation.
 
#3
northern_sange said:
Unfortunately, you really need to get yourself some professional advice. There are no hard and fast rules on how to split a pension. It involves so many different factors so what's right for one person is completely wrong for another. If I were you I'd speak to your solicitor and get the advice which is accurate for your situation.
Thank you northern sange. That is my intention, I just wondered if anyone has the experience of a pension split.

Thanks again.
 
#4
Tell her you opted out of the pension scheme when you joined and there is nothing to split!
 
#5
PandaLOVE said:
Married 14 years and 1 month of 23 year man service. I believe I should give my estranged wife 14.1 parts of 23 parts monthly and lump sum. How accurate am I?

Thank you.
Way out wrong! If you was married for the whole of your career she would be entitled to 1/2 at the most.

You need legal advice.

Turned out that my ex is entitled to none of my pension, yet the army would have said she should get 1/3rd.
 
#6
I'm going through the same thing with my lawyer, I was married for 9 years out the 16 I served so she is allowed half of the 9 years we were together, I keep the other half of the 9 and the whole 7 I was single for leaving me with the equivelent of 11 and a half years worth

For you, it's possible she is entitled to half of the 14 (7) so you keep 16 out of the 23. As said above it can vary with separation packages, kids house etc. a family lawyer can help you out, mine's saved me a fortune!

edited for dislcsi....dislexy....crap spelling!
 
#8
Firstly do get a good solicitor!!

Just been through it, basically its what you agree to, so you could balance it off with more of your lump sum, my ex got 25% of my pension and 15k, sounds nasty, but I would have paid more to get rid.

We were together (legally) from 89 until 2008, I served from 84 (pension age - 86) until 2008, but was legally separated for 8 years, all very messy.

Obviously I didnt want to give her anything from the separated years, but the judge would have awarded her more if it had to go to stage three, she was very awkward and wanted maintenance (my kids are grown up!).

So as you can see, its a minefield and as some have already stated, its all down to personal circumstances.

One bit of advice, if you can mediate, rather than go to the courts, do so! Bite your tongue, be nice and discuss it, otherwise the solicitors will make a fortunate out of your misery. If you can mediate, it could save you around 5-6k in legal expenses, and I do mean 6k!!!!
 
#10
if a wife has worked for most of the time you are married and therefore been able to contribute to her own pension if she could be bothered then how is she entitled to any pension???????
 
#11
donuthead said:
if a wife has worked for most of the time you are married and therefore been able to contribute to her own pension if she could be bothered then how is she entitled to any pension???????
In which case, she receives half of your pension, and you receive half of hers.... legal minefield. Take professional advice.

Litotes
 
#12
Try buying her off with a lump sum - you don't have to make it that big. Otherwise tell her she can fight you for every penny. My ex eventually gave up and is getting not a fcuking jot.

If she wants half of yours you are equally entitled to sue her for half of hers DO IT. If you make it more trouble than its worth she'll give up trying. :D
 
#13
Just a quick note here

The pension rights are not related to your 'total service'

She is entitled to half of the maximum possible 37 years of service, wether you serve that amount or not, so from that perspective its not as bad as it first sounds.

For example, in your case she can apply for 7/37 of your final pension. I am guessing that she is probably quite in tune with gratuity and all that, so expect an application for some of that as well.

If possible offer a low amount of your current wages for a set period to keep her out of that and your monthly pension.

The key is to SEEK PROFESSIONAL ADVICE, preferably with a solicitor who has dealt with armed forces divorce before.
Of course she can make additional claims for maintenance etc so be careful when you receive any papers.
I wish you the best of luck, because from my own experience this is a very messy business
 
#14
Hitman?
 
#15
Ord_Sgt said:
Try buying her off with a lump sum - you don't have to make it that big. Otherwise tell her she can fight you for every penny. My ex eventually gave up and is getting not a fcuking jot.

If she wants half of yours you are equally entitled to sue her for half of hers DO IT. If you make it more trouble than its worth she'll give up trying. :D
I thought if you manage NOT to give her any of your lump sum and just agree to the pension side then if she re-marries she loses that entitlement as well. ????? :?
 
#16
Depends if you are getting divorced in a court in Scotland or England and Wales, in Scotland the ruling is " Property and assets aquired DURING a marriage, or in contemplation of marriage, are common property. This works both ways, you get half of what she acquired during the marriage -earnings, legacies, lottery winnings, money from turning tricks, whatever. However, as in anywhere in teh Western world, where the kids go the money follows. fight like hell for your kids for theri sake, as well as your wallets. Kids need their dad. Consider going for custody, but it will be very difficult. The Army can be surprisingly compassionate in these instances, I knew A Staff Sgt who gota four-year TA posting when he was deserted by his wife, leaving the kids.
f you are in England, tough sh*t, the doctrine of "needs" applies. ie. she "needs "the skin of your fcuking back.
There is also the possibility that you can appear as a Litigant-in Person to defend your case saving ahuge whack on bills to the shysters. There is a book called "The In-fighter's guide to divorce" that helps you through this process, Judges tend to be fairer to LIP's
 
#17
Be careful from my expierence, get a good solicitor, try to bargain, if you cannot, try the route of who is divorcing who, who is lefted with any debt's HP loan's etc.

Watch out on things like LSAP, she is not entitled to pay her half even if the money was used for your house purchase and she profited by the split and may be the sale of the property. Try and shift the debts to her, if you can.

I served 30 years and left with fook all, basically but me back 10-15yrs, a lot of heartache, she was more ruthless an Paddy or Terry ever was.

Good luck. But remember keep your chin up and never give in without a fight, just remember you might not win all the battles.

Your day will come
 
#18
I was in court yesterday for a Financial Dispute Resolution (FDR) after nearly 3 years of seperation. I have completed 16 yrs service of which I was with my wife for 13 years.

My wife was chasing me for 23K, £300 pcm (spousal maintanance) and 50/50 pension share.

My legal fees are already in the region of 9K and to avoid a further 6K by going to a Final Hearing we thrashed out a deal whereby I surrendered 60% of my pension. I did not have to pay her the 23K and the spousal maintance was dropped.

I know some of you will say I've sold my soul but as stated above there are no hard and fast rules regarding pensions. The Judge said that if it was to go to Final Hearing she could get anything of upto 60%.

My question is, is there anyway in I can now purchase Added Voluntary Contribitions in order to bump up the pension I have given away.
 
#19
When I divorced I had served 14 years and been married for 11 of those. No earmarking order was made against my pension and therefore my ex is not entitled to any of it. I left after 17 years so she would have to wait until I am 60 to get it anyway. I checked with a solicitor and as there was no order made before the decree absolute was issued, she has lost her chance to get anything out of me. If she had gone after it, I would have just humped half of the £30k debt onto her that I took on in order to get rid of her quickly.
 
#20
ewan2000 said:
Ord_Sgt said:
Try buying her off with a lump sum - you don't have to make it that big. Otherwise tell her she can fight you for every penny. My ex eventually gave up and is getting not a fcuking jot.

If she wants half of yours you are equally entitled to sue her for half of hers DO IT. If you make it more trouble than its worth she'll give up trying. :D
I thought if you manage NOT to give her any of your lump sum and just agree to the pension side then if she re-marries she loses that entitlement as well. ????? :?
I meant pay her off with a wedge, I did 13 years and offered her a few grand. She decided to fight me, we have no kids by the way, so I ended up telling her to swivel and counter sued her for her assets. I also don't live in the UK so she just ran up bills with lawyers until she gave in.

I was prepared to be fair but she got greedy and ended up with nothing.
 

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