PENSION PERCENTAGE ON DIVORCE

Discussion in 'Army Pay, Claims & JPA' started by watertight, Jun 8, 2009.

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  1. I am currently going through a divorce where the ex is taking the inevitable stab at the pension and she wants loads, nothing surprising there. The thing is we were only married five years and somebody at work said she is only entitled to a percentage of wad for every year we were married. Is this true and does anybody know what this so called percentage figure is if it is the case?

    Any other top tips on divorce and preserving pension welcome although I know getting screwed is probably the way ahead.
     
  2. Try posting this on the legal forum, one of the mods there is an expert on family law and you're more likely to get an answer.
     
  3. Moved it, thanks for the advice, just got to work out how to delete this one!
     
  4. Gremlin

    Gremlin LE Good Egg (charities)

    Absolute Balls.

    You need a lawyer and you need proper advice. Go and have a chat with your local CAB at first and they will point you in the right direction.

    This is not something that you want to bugger about with. It's your pension at stake and taking advice from the 'wise old owl' sitting in the corner of the bar just doesn't cut it. Divorce law, especially when it comes to the division of property and funds can be a nightmare.

    Talk to someone that knows their subject inside out, and get your arse covered!

    Having said that Good Luck!!
     
  5. It can depend on how good your solicitor is and how nasty the judge wants to be in fairness, but a general rule is that it is 50% of what you have accrued in your pension pot during the time you were together.

    So from 5 years worth of pension accrued whilst you were married she would normally be entitled to 50% of that or 2.5 yrs worth.

    My greedy ex went for £12000 of my lump sum which was for 8 years of marriage, although her solicitor tried to ask for an extra 2 years from when i was seeing her prior to marrying her :D

    I have heard stories of lads getting completely fleeced on the basis that a judge had to decide, if you can decide on the figure out of court then it isnt so bad ;)

    In fairness my solicitor worked out if she had gone for a pension earmarking order (where she had to wait until pensionable age to receive it) she would have got over £23K out of my pot, but i banked her being greedy on wanting the lump sum.

    And so it was written:

    xxxx xxxxx is to pay a sum of £12000 to xxxx xxxxx on retirement from the Armed Forces.


    Needless to say i went LSL rather than leave :D