Divorce - Pension Breakdown?

Discussion in 'The Other Half' started by PandaLOVE, Aug 12, 2008.

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  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. 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. 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!
     
  7. Moral of the story . . . don't rely on 'it happened to me' stories. Get yourself the right advice! Forensic Accountancy, it makes sense!!
     
  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!!!!
     
  9. Thanks for your advice. I will seek legal advice but was just curious of myth over fact and your personal experience. Cheers.
     
  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. In which case, she receives half of your pension, and you receive half of hers.... legal minefield. Take professional advice.

    Litotes
     
  12. Ord_Sgt

    Ord_Sgt RIP

    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. 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. ????? :?