Often sm is payable at one rate until the payer retires then the amount is reduce in accordance with the change of circumstance or possible stopped once the receiver gets their pension from the pension share.
pension sharing defo at least 50/50 but Judge might decide to give me 100% or 70/30 due to our circumstances.
His pension is in payment and he has 100%, its about £800-900 per month thats why I mentioned £400 (50/50 split)in my query.
I have to claim SM and this will defo be awarded and my thoughts were while he is earning and in fulltime employment,he 61.
I see no harm in making several offers which you believe fair and reasonable and that you would be happy with.
Send them to husbands solicitor (recorded delivery) and then he has options to settle without further costs.
It might even stop you having to apply for MPS. You could put in your letter you would be happy for your husband to accept one of your offers and confirm that you are waiting two weeks for either an acceptence or decline - if he declines, or fails to respond or starts with silly offers then apply into court for MPS.
If he agrees to a sensible offer then you only need to get a Consent Order drawn up and you may then be in the situation of going to court so that the court is satisfied that you both are aware of the realities of a consent order - they cannot be appealled.
Without knowing the facts, I can''t comment, but the options are :
1. The Court makes an order for joint lives, which in all cases means that both parties would have the right to ask for a variation on account of changed circumstances, which of course includes retirement.
2. Provide that the SM ends on the retirement of the payer. This may well be appropriate of there is to be a pension split.
3. Reduce the SM to a nominal order on retirement.
In my own particular case, the SM which I had to pay was reduced on my retirement but there was no pension split because at the time it was not legally possible.