Ex-spouse's rights to your pension?

Discussion in 'Armed Forces Pension Scheme' started by TheresaMay, May 7, 2013.

Welcome to the Army Rumour Service, ARRSE

The UK's largest and busiest UNofficial military website.

The heart of the site is the forum area, including:

  1. TheresaMay

    TheresaMay LE Moderator DirtyBAT

    I've tried to dig out the relevant info from the AFPS 75 fact sheets - and also asked a number of people, but everyone I talk to seems to offer a different answer.

    In short - I married my ex late 90's (whilst serving), and got the Decree Absolute through 22 months later.

    Still serving, and re-married 2009.

    Now - when it comes to my IP, monthly payments, eventually reaching 55 (hopeful) etc - what is she entitled to, if anything?

    Do I have to give her half of 2/37ths of my lump sum? Does she get half of 2/37ths of my monthly pension from my 22 year point onwards?

    Basically, when I leave in a few years I want to invest my money - what I don't wanna do is a few months / years down the line realise some of that should have gone to her (even though she doesn't deserve a penny) and end up in a world of shit.

    Any straight jargon-busting answers would be most appreciated, cheers.
  2. Baically mate your a bloke and you are gonna get fiked. If she is a greedy bitch and on Legal Aid then she has nothing to worry about unlike you who will have to pay for a solicitor. Good luck though keep us posted (and yes i am a bitter and twisted divorcee).
    • Like Like x 1
  3. If you completed you financial separation stuff prior to your divorce and there was no pension share agreed by the judge basically she gets sod all. She is entitled to nothing unless a judge rules that she's entitled to anything and that is unlikely unless she takes you to court over it and the original financial settlement is revisited.
  4. TheresaMay

    TheresaMay LE Moderator DirtyBAT

    Appreciated, cheers.

    I shall have to look at my divorce paperwork. Pretty sure the only financial matter it relates to is the child support.
  5. Surely this works both ways though - in the event that the wife has accrued a cheeky sum of money and/or a private pension whilst married, won't the husband be entitled to some of hers?
  6. Don't forget also a wise man has two wallets, keep something hidden away such as physical gold, silver or money.
  7. Yep, depending how many kids you have and how much you earn will determine how much you pay and it also depends if she goes for the CSA or a Court Order option. Again if she is using Legal Aid her solictor can string it out for as long as they need until they get what they want.
  8. I thought, as of last month, Legal Aid was no longer available for divorce cases?*

    *For new cases only.
  9. The CSA can apply to the court to have that trumped . As I found out after commiting the dastardly crime of genuinely forgetting to pay one month.

    Regarding pensions... You are entitled to a share of hers as she is yours. I used mine as a bargaining tool & took on about 3k of debt ( I didnt know "we" had) & let her have all furniture fixtures & fittings in the house ( which was all in her taste anyway) in return for her waiving any claim on my pension. I also got a clean break order which stops her coming back for anymore in the future. All this was done thro the mediation service which I cannot recomend high enough. If anyone is going thro a divorce dont shy away from this service as its a hell of alot cheaper than solicitors bouncing letters back and forth. They are also completley un biased & will tell you both as it is. Not putting stupid claims & ideas in each others heads to encourage a long drawn out & expensive legal battle.

    • Like Like x 1
  10. A good starting point is:

    "I get to keep my pension, you get to keep your life".
  11. CountryGal

    CountryGal LE Book Reviewer

    Is this affected by the fact that women from 2016 (I think) will no longer be able to use the "married lady stamp" ie she wasn't working but was at home while he worked and will only qualify for a pension if she has paid ni in her name?

    Not sure how long it's back dated for but if a 35 year old women now was a stay at home mum and got divorced and didn't take any of his of pension / but now the law is changed and will not qualify for a pension in her own right - cant she go back and re visit the financial settlement? *

    *****Am asking hypothetically - I have my own pension and walked away from my marriage taking nothing I hadn't brought with me!