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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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is ex entitled to share of pension

  • zippy
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30 Nov 07 #8174 by zippy
Topic started by zippy
Hi,

pensiosn seem to get covered a lot but have'nt managed to find a answer to this one.

About to separate with my wife have had a brief chat with a lawyer about all the aspects and pretty sure that she said my pension would'nt become involved.

However speking to my x2b she has said that her solicitor is saying that she should go after my pension.

Who's right?

Oh some personal details.
I'm 35 she's 30 been married 5 years together 9 years in total, I earn 26,000 she earns 23,000. with my last employer 7 years I paid into company scheme, with my current employer last 2 years I have't been paying into pension scheme as I have'nt been able to afford it.

like I said i'm sure the lawyer I spoke to said it would'nt become involved due to value and are ages, but she could have just been speaking about spousal maintenance.

Thanks

  • NE0
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30 Nov 07 #8182 by NE0
Reply from NE0
Sorry to say your pensions will be taken into account. You might want to visit a different lawer b4 u get to far in

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30 Nov 07 #8188 by Specialdad
Reply from Specialdad
The bad news Zippy is that she can have a slice of your pension!!

The good news is, well there isnt any!!

Best of luck B)

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30 Nov 07 #8203 by sexysadie
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I would have thought that with only seven years' contributions it would be worth her while trading it off against something else (equity in property if you have it, for example). Pensions are very complicated and, as Specialdad says, there isn't much of yours to share.

Sadie

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30 Nov 07 #8208 by Gilly
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Someone on here may know different - but I would have thought if you've only been married 5 years and haven't be paying a pension for the past 2 years that she would only be able to apply for a share of 3 years worth. You paid the first four years prior to marriage.

Hopefully someone will correct me if I'm wrong. If I am wrong - as SS said - its a pretty small pot and you've not mentioned her Pension - pension sharing works both ways.

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30 Nov 07 #8211 by sexysadie
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It depends where you live, I think. In Scotland (correct me if I'm wrong, Fiona) it is only the pension accumulated during the marriage. In England, potentially at least, it is all of it. But there won't be much of this one and your wife is working and young enough to build up her own pension provision so it would probably save solicitors' and financial advisors' bills, not to mention headaches all round, to trade it off against something else.

Sadie

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30 Nov 07 #8213 by zippy
Reply from zippy
thanks for the answers, that is probably what the lawyer meant when she said my pension wouldn't come into it, as there isn't a great deal of it to have.

it looks like we are going to separate for two years first and try and keep it as friendly as possible.

So watch out for a post on "deed of separation" anytime soon:)

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