My Pension: What's she entitled to when I get divorced?

Discussion in 'The Training Wing' started by Fragged, Aug 7, 2012.

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  1. Need some info from people who have been through the same situation I'm going through.

    I'm about to start the ball rolling with regards to divorce proceedings. She wants to go through a solicitor in order to get her share of my pension for fear that I might double cross her (which I wouldn't, because of my 3 young children).
    She's certain she will get her share when I leave the Army, but, I think she will get it when she's 60/65 unless we come to some sort of agreement where I give her an agreed sum of money (what she would be entitled to) so the divorce can go through quicker, as well as cost less for me to get it finalised. She's not bothered, she'll get help for free.

    We seperated in 2009 and I've now got 6 years left to serve. I've been told I have to fill out an application form with a payment of £180 to Glasgow, for them to do the calculation and put aside her share.

    Anyone got any good information/pointers for me on what I should do?

    Much appreciated.
     
  2. BiscuitsAB

    BiscuitsAB LE Moderator

    Off the cuff!

    Who at Glasgow told you its up to them to calculate what her share is?

    The divorce isnt dependent upon the financial settlement, secondly why the hell should you pay for the valuation/calculation.

    As for information and pointers yes loads but an open internet forum isn't the place to air your plans if theres any chance of things turning unpleasant which it will as soon as solicitors get involved.


    Edit. Oh yeah, go and join the forces pension society. Very helpful folk.
     
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  3. Try the search button. There must be one of these threads started every month. The simple answer is that it entirely depends on the individual circumstances of your own situation, and what priorities you and the ex have in respect of pension, any other capital resources and income.

    See a competent lawyer, even if just for initial advice. It will cost you but it will be worth it.
     
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  4. ok mate..a few things first..

    1. how long were you married? - this does matter when the parasites (solicitors) go for a share of your pension.
    2. Grounds for divorce? you divorcing her

    If your missus wins a share in your pension (depending on years married) that money is removed so to speak from your annual pension and held in an account which gains interest, she doesnt get it until she is 60/65....FACT.
    go to your admin office and try and get hold of a booklet rearding pension sharing with divorce...give this to your missus and it clearly states in there that she gets **** all until she reaches 60/65 and if she remarries she gets **** all....FACT.

    Personally mate id fight her all the way, i did and won. but all cases are different, id try and cut a deal with her now.....what with 3 kids (assuming there yours??) your looking at 25% of your monthly net income going on child maint...try the £5k for each child when i leave the army - take it out of your gratuity, as long as she leaves your annual pension alone....after all most of that cash will be spent on the kids on some way.
     
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  5. Who is divorcing who does not matter. Neither do the grounds for divorce.

    Neither "FACT" given to you by threesend is correct - they are at best misstated, and at worst downright wrong.

    A pension sharing order would have the effect of removing a capital sum from your pension fund at this stage, which would then be transferred to a pension fund in your ex-wife's sole name. It would become hers as of the date of transfer. It is correct to say that she would be unlikely to be able to draw down her pension until 60/65. However she would be entitled to remarry without affecting her pension.

    Child maintenance is an obligation that you will have regardless of any other settlement made on divorce and is totally separate from any such settlement.

    Beware doing a "deal" which purports to deal with child maintenance as well as other issues because it would be highly unlikely that such a deal would either prevent her from going to the CSA in the futureor would protect you from any CSA assessment if she did go to them.

    It is a minefield. See a solicitor.
     
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  6. Top tip to all future 'reformed-singlies', go to your Regt training wing for devorce tips...
     
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  7. TheIronDuke

    TheIronDuke LE Book Reviewer

    How do you make your writing really big like that?
     
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  8. Hi threesend. Got married in 2003, seperated in 2009. I want to finally start proceedings on the grounds of irreconcilable differences, thats all it comes down to. It's ammicable between us and has been for quite some time. I will get that booklet, thanks. At least I can show her in black and white. She'll shit a brick.

    Yes, the kids are mine for sure lol. You're right about CSA taking 25% which I don't mind because it's going toward my kids in one way or another.
    I reckon her sum will be around 6k? but I won't know for sure until someone maybe in the admin office can do a rough calculation for me.
    Thanks for the advice though, much appreciated.
     
  9. Hit the size button on the top of the text box, lol.
     
  10. See a solicitor...not the fat bugger who did your house conveyancing but a proper specialist in divorce...every credible solicitors practice will have one. This stuff cannot be answered on the tinternet. You need expert advice..might cost a bit now but will save a fortune later...plus you need to revisit your will/estate/ etc because divorce alters all that too
     
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  11. Thanks for that info. I understand that CSA is a totally different issue, I mainly wanted to know if it is fact that she would not get her share until she is 60/65. I am hoping that she will be more willing to come to an agreement not to include my pension in the divorce proceedings in order for it to go through quicker and at minimal cost, but at the same time agree to a settlement for her to have when I leave. :)
     
  12. The £180 will be for the SPVA to provide a valuation of your pension (Cash Equivalent Transfer Value – CETV) which you would need to provide in your Form E Financial Statement if your ex applies for Ancillary Relief. Once you have a value you can ‘argue’ about the potential division.

    As stated by others if you opt to share your pension, you will lose that amount forever (and she will get her own pension at 65 based on the size of the share at the date it was split), though if you remain serving you can continue to add to what’s left for yourself, or if you can afford it, you can buy her out with money or other assets up front now and save your pension.

    It really depends on your individual situation. If solicitors get involved and due process is followed the theoretical start point for the split of marital assets (of which your pension value will probably form the largest amount) is 50:50. After that it is down to negotiation and allowances made for children and other applicable personal circumstances (on each side) – and if it goes all the way to court; it can be pretty much whatever the judge decides on the day!

    You should consult a solicitor – at least you will know what your options are. Good luck.
     
  13. The other point i would make is to avoid the CSA at all costs....'public sector' workers are soft target s when it comes to attachment of earnings orders.
     
  14. I went through this last year. As previously posted see a solicitor. Your pension is put into the pot with all of the other assets and debts - hers as well as yours. The idea being that all assets are equalised together on a 50/50 basis.

    You will have to pay to get a pension Cash Equivalent Transfer Valuation for use in divorce proceedings, the free one you get every year is no good for divorce proceedings. Once the pension share has been agreed, you will also then need to pay Glasgow to do the paperwork - she has to pay half as well. Off the top of my head I think my CETV came to just under £200 and it was about the same for the rest. I shelled out nearly £400 alone on this.

    Bear in mind as well that if you have served the full whack and get an immediate pension and lump sum, then not only will your IP be reduced by the percentage specified by the court, but your lump sum will automatically be reduced by the same amount. I was married for 16 years and lost 27% of mine :-(

    Best of luck but please get a solicitor - one who is experienced in dealing with army pensions.

    Berlin
     
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  15. My advice is completely the opposite. Engage with the CSA immediately and be completely cooperative with them. I did, with the support of my pay office. The result was no attachment of earnings order - I paid monthly by my direct debit. The funny thing was I had paid voluntarily to my ex directly for six months previous to this - all payments were online and appeared as 'Voluntary Child Maintenance Contributions' - DO NOT PAY HER CASH!!!!!!!!!!!!!!! She then got the CSA involved and I showed them my bank statements to support the fact I had been paying voluntarily. They then decided I had been paying over the odds and reduced my payments through them accordingly. My ex went spaz!!!

    If you are paying off loans which were taken out for the 'good and benefit of the family' prior to your split then the CSA will take those into account and adjust your monthly maintenance downwards to reflect this. They are called 'variations' and the CSA will take them into account. I was paying for a new central heating system and some furniture and this reduced my monthly maintenance by a further £70. She then went spaz again!!!

    In short, engage with the CSA and build a rapport with your caseworker. It will pay dividends - literally!

    Berlin

    PS. If you want to work out how much maintenance you should be paying then go here:
    http://www.csacalculator.dsdni.gov.uk/calc.asp
     
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