Ill heath pension and divorce

My husband, J, divorced his ex-wife in 2012 after 8 years of marriage. He does not recall having any court order in place regarding finance arrangements on divorce, nor did he keep any paperwork from the divorce other than the final decree.
We have been married for 6 years. J was medically discharged 3 years ago, illness not related to service.
Husbands 4 children from his previous marriage all live with us. His ex hops between jobs, lives with most recent fella and pays no child maintenance. She has recently stared messaging J asking about his pension.
The info I can find is very hit and miss. I fully appreciate she may be able to claim a percentage of his pension and believe this only fair in the grand scheme of things, however, would this become payable to her now, or at retirement age?
My husband retired at 36 after 20 year service.
While he receives his pension monthly now, his ex is under the impression she can claim 25% of his monthly pension, payable to her now - she is only 34? Does anyone know if this is the case?
 
To my knowledge (based on a former colleagues experience) as soon as the pension is payable then the former partner receives a chunk of it. Her age has nothing to do with it, it is merely the fact that he is receiving a pension and they were married at the time he was qualifying for it.

Have a read of this and then have a chat with someone who knows their stuff. The valuable lesson here is that your new hubby should have kept the paperwork as there may have been an indicator as to his ex-wifes entitlement in it somewhere.

Armed forces pensions on divorce and dissolution of civil partnerships: guidance
 

MoleBath

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If you have house insurance see if there is a legal expenses and/or legal helpline.A really big no no to respond to ex before taking advice. Also keep a log of time content and date of all texts and calls especially if abusive
 
To my knowledge (based on a former colleagues experience) as soon as the pension is payable then the former partner receives a chunk of it. Her age has nothing to do with it, it is merely the fact that he is receiving a pension and they were married at the time he was qualifying for it.

Have a read of this and then have a chat with someone who knows their stuff. The valuable lesson here is that your new hubby should have kept the paperwork as there may have been an indicator as to his ex-wifes entitlement in it somewhere.

Armed forces pensions on divorce and dissolution of civil partnerships: guidance
Unfortunately, my new hubby is not great with paperwork (actively avoids it). From what he recalls they came to a loose arrangement that he would pay off a marital debt and she would make no claim on his pension. He realises his error!
He has already received a lump sum payout some three years ago. I am concerned she may be able to put a claim on this after the fact and we may end up owing her money. Considering I am effectively raising her four children it's all a bit of a slap in the face.
 
Unfortunately, my new hubby is not great with paperwork (actively avoids it). From what he recalls they came to a loose arrangement that he would pay off a marital debt and she would make no claim on his pension.
He realises his error!
He has already received a lump sum payout. I am concerned she may be able to put a claim on this after the dat and we may end up owing her money.
IF a pension sharing order has been awarded, the scheme Trustees - the people who run the pension - will be aware of it.

If you tell me who the pension is with, I'll get their details.
 
Unfortunately, my new hubby is not great with paperwork (actively avoids it). From what he recalls they came to a loose arrangement that he would pay off a marital debt and she would make no claim on his pension. He realises his error!
He has already received a lump sum payout some three years ago. I am concerned she may be able to put a claim on this after the fact and we may end up owing her money. Considering I am effectively raising her four children it's all a bit of a slap in the face.
You need to take the emotion out of it and just look at the legalities - no matter how much it annoys you.

IF a pension sharing order has been awarded, the scheme Trustees - the people who run the pension - will be aware of it.

If you tell me who the pension is with, I'll get their details.
Tell him. He is one of our resident pension esperts, he does it for a living.
 
IF a pension sharing order has been awarded, the scheme Trustees - the people who run the pension - will be aware of it.

If you tell me who the pension is with, I'll get their details.

He has an AFPS 05. Also a small War Pension from the 75 scheme. From what I can gather the War Pension wouldn't be taken into account?
 

Donny

ADC
To the OP, you should be able to get a copy of the Consent Order from the court that issued it, which is likely to be the same one that issued the Decree Absolute. That will at least give you details of what was agreed between your husband and his ex-wife when they divorced. It may well cover pension arrangements.
 
He has an AFPS 05. Also a small War Pension from the 75 scheme. From what I can gather the War Pension wouldn't be taken into account?
I'm not sure about the War Pension BUT I have heard it can't be touched by a Sharing Order - one for @Forces Pension Society really.

As far as AFPS 05 is concerned, here are the contact details. Please bear in mind you personally will not be able to get any personal information at all about his pension; he'll need to speak, write or email them.

Armed forces pensions enquiries
Joint Personnel Administration Centre (JPAC)
Mail Point 480
Kentigern House
65 Brown Street
Glasgow
G2 8EX
Telephone:0800 085 3600
Email dbs-pensionshelpdesk@dbspv.mod.uk
 
I'm not sure about the War Pension BUT I have heard it can't be touched by a Sharing Order - one for @Forces Pension Society really.

As far as AFPS 05 is concerned, here are the contact details. Please bear in mind you personally will not be able to get any personal information at all about his pension; he'll need to speak, write or email them.

Armed forces pensions enquiries
Joint Personnel Administration Centre (JPAC)
Mail Point 480
Kentigern House
65 Brown Street
Glasgow
G2 8EX
Telephone:0800 085 3600
Email dbs-pensionshelpdesk@dbspv.mod.uk
Thanks for your help. Will get hubby to call tomorrow.
 
To the OP, you should be able to get a copy of the Consent Order from the court that issued it, which is likely to be the same one that issued the Decree Absolute. That will at least give you details of what was agreed between your husband and his ex-wife when they divorced. It may well cover pension arrangements.
Thanks Donny, it would be useful to exactly what they agreed. At the time, he didn't really give any thought to future claims. He's learning a valuable lesson now though!
 
I will throw in my ten pence worth

If a pension sharing order was not included in the divorce absolute (i.e when finalised) then I don`t think she can apply for pension sharing retrospectively.

Did the Judge sign off the financial settlement, in 2012 I expect that would have been the case otherwise the Judge would not have approved the absolute


Archie
 
I will throw in my ten pence worth

If a pension sharing order was not included in the divorce absolute (i.e when finalised) then I don`t think she can apply for pension sharing retrospectively.

Did the Judge sign off the financial settlement, in 2012 I expect that would have been the case otherwise the Judge would not have approved the absolute


Archie
Agreed unless you're a multimillionaire- my ex wife tried to include future pension and because she had the house albeit with a charge was told to **** off
 

Forces Pension Society

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My husband, J, divorced his ex-wife in 2012 after 8 years of marriage. He does not recall having any court order in place regarding finance arrangements on divorce, nor did he keep any paperwork from the divorce other than the final decree.
We have been married for 6 years. J was medically discharged 3 years ago, illness not related to service.
Husbands 4 children from his previous marriage all live with us. His ex hops between jobs, lives with most recent fella and pays no child maintenance. She has recently stared messaging J asking about his pension.
The info I can find is very hit and miss. I fully appreciate she may be able to claim a percentage of his pension and believe this only fair in the grand scheme of things, however, would this become payable to her now, or at retirement age?
My husband retired at 36 after 20 year service.
While he receives his pension monthly now, his ex is under the impression she can claim 25% of his monthly pension, payable to her now - she is only 34? Does anyone know if this is the case?
Any order on the pension is normally made at the time of the divorce. I would be surprised is, 7 years after the event, a court would be happy to reopen proceedings but, previous posters have suggested, get a copy of the court order just to put your mind at rest as to what was and was not agreed.

If there were a Pension Sharing Order(PSO), it would not have any impact on what your husband is receiving now as his entitlement would have been worked out taking the PSO into account. If there were a PSO, your husband and his ex are separate in terms of pension. He gets his entitlement and she can claim her's at any age after 55. It is not normal for a PSO to be revisited, so do not worry too much about that.
 
Agreed unless you're a multimillionaire- my ex wife tried to include future pension and because she had the house albeit with a charge was told to **** off
My husbands ex isn't exactly the sharpest knife in the draw. She had other things (men) on her mind at the time of divorce. My hubby was destroyed by the divorce and his memory (and lack of paperwork) is quite sketchy.
I'm assuming the only way to know for sure what was agreed, as stated by another poster is to apply for the original paperwork.
 
Any order on the pension is normally made at the time of the divorce. I would be surprised is, 7 years after the event, a court would be happy to reopen proceedings but, previous posters have suggested, get a copy of the court order just to put your mind at rest as to what was and was not agreed.

If there were a Pension Sharing Order(PSO), it would not have any impact on what your husband is receiving now as his entitlement would have been worked out taking the PSO into account. If there were a PSO, your husband and his ex are separate in terms of pension. He gets his entitlement and she can claim her's at any age after 55. It is not normal for a PSO to be revisited, so do not worry too much about that.
He seems to think there was no PSO made at the time of divorce but isn't sure if any arrangement regarding was made explicit. I have less of an issue with any order already in place than the idea she can potentially apply for an order in retrospect given our current circumstances.
 
Any order on the pension is normally made at the time of the divorce. I would be surprised is, 7 years after the event, a court would be happy to reopen proceedings but, previous posters have suggested, get a copy of the court order just to put your mind at rest as to what was and was not agreed.

If there were a Pension Sharing Order(PSO), it would not have any impact on what your husband is receiving now as his entitlement would have been worked out taking the PSO into account. If there were a PSO, your husband and his ex are separate in terms of pension. He gets his entitlement and she can claim her's at any age after 55. It is not normal for a PSO to be revisited, so do not worry too much about that.
In terms of any pension she would have been entitled to under a PSO, that wouldn't be payable now? She would only receive any payout over 55? There would be a certain irony in a husband contributing to his ex wife's monthly upkeep when the ex-wife has abandoned all financial responsibilities for her children.
 

Forces Pension Society

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When there is a PSO, the 'ex' becomes a member of the scheme in their own right with rules relating to them. That separates them the Serviceman or woman in a clean break.

They get a pension award which will have an age at which it is payable (normally 60 or 65) but it can be claimed from age 55 at a reduced rate (called actuarial reduction and applied to take account of the fact that the pension is to be in payment for longer than the Order intended).

They may not transfer the funds out of the scheme.

They may not add to the pension pot.

There are no dependants' benefits linked with the PSO.

So, you see, this is totally separate to the Serviceman or woman's entitlement. If there were a PSO, you husband's benefits would not be affected by his ex taking benefits at age 55.

This thing about her not contributing to her children's upkeep. Have a word with the Child Support Agency. Even if she is on benefits, an order can be made for her to contribute.
 
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