Ex-spouse's rights to your pension?

TheresaMay

ADC
Moderator
DirtyBAT
#1
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).
 
#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.
 

TheresaMay

ADC
Moderator
DirtyBAT
#4
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?
 
#8
Appreciated, cheers.

I shall have to look at my divorce paperwork. Pretty sure the only financial matter it relates to is the child support.
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.
 
#10
I thought, as of last month, Legal Aid was no longer available for divorce cases?*

*For new cases only.
 
#13
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.
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.

LT.
 
#14
A good starting point is:

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

CountryGal

MIA
Book Reviewer
#15
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!
 

TheresaMay

ADC
Moderator
DirtyBAT
#16
There is an AFPS brochure called Pensions and Divorce so RTFM


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Yeah I read that very one EScotia posted a link to a few weeks ago - in particular the bit about the court granting a share of the future pension. But it doesn't say how much, etc.

I dug into my Quad 9's earlier in work for my Dec Abs, and checked with JPAC too that there's nothing on file or in writing to say that any part of my pension was anything to do with the divorce settlement.

So it looks like I'm in the clear.


Just to make a point - this wasn't about "beating the bitch" or trying to wangle my way out of the system. It was just to check (before I go steaming ahead and start looking at my investment plans), that I don't end up in the shit later down the line. I've never had a problem in paying what I'm legally obliged to, even though I might not like doing so... It's a bit like these guys that get overpaid or don't get charged food and accomm for months on end, and rather than put it to one side, moan like **** when it all comes out of their pay in a one-er.

I'm trying to avoid a similar situation, albeit with my pension - if that makes better sense?
 
#17
I heard a quote the other day along the lines of, 'In the 1950's a man used to kiss his wife goodbye before leaving the house. Now he is more likely to kiss his house goodbye as he leaves his wife.'
 

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