A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


SM and pensions

  • skywalker
  • skywalker's Avatar Posted by
  • New Member
  • New Member
More
04 Mar 08 #15742 by skywalker
Topic started by skywalker
Hi, new 2 this but I have a question re SM and my pension, my xw got £300pm in SM for joint lives from EARNINGS there is no mention in the financial agreement in ref to pension, the current sm is paid via a ,DOE I am still employed and have the chance of crystalising my pension at final retirement, I was told by my barrister that she had "saved" my pension; my companies pension dpt states that the DOE is in ref to salary and they will not apply it to any future pension pay out, can my xw have a DOE applied to my monthly pension payment? and would she have to return to court to have it enforced? sorry if this is a bit long winded but I could use some advice.

  • DownButNotOut
  • DownButNotOut's Avatar
  • Visitor
  • Visitor
04 Mar 08 #15751 by DownButNotOut
Reply from DownButNotOut
I believe that the principle is as follows.

The capital in your pension is what your barrister 'saved'.

However, once you give up work and start living off your pension then it provides an income stream and could be liable for SM deductions.

However, one would assume that your monthly income in retirement from your pension will be lower than your wages.

So the proper recourse is for you to apply to the courts for a downward variation in SM.

(If your income from the pension is signfificantly lower than your wages then SM could be stopped).

  • skywalker
  • skywalker's Avatar Posted by
  • New Member
  • New Member
More
04 Mar 08 #15767 by skywalker
Reply from skywalker
Thanks dbno still hoping she'll find some one new!! but could pension income be classified as "earnings"?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11