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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.

 

Medical Pension

  • viccox
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20 Jul 09 #132661 by viccox
Topic started by viccox
Wonder if anybody can offer some advice;

I got married in 1999 and left the Forces on a medical discharge in May 2002 after almost 17 years, I am receiving a Forces Service Invaliding Pension and a Veterans Agency Service Attributable Pension. Just split from my wife and she is claiming half of my pension along with trying to get me to pay the Mortgage and whatever the CSA say as well.

I dont mind paying what she is entitled to as its the children (6&3) i want to make sure are ok, i currently give her £1100 per month?

My question is does she have a rightfull 50% claim on my Forces Invaliding Pension as we were married for 2 years when i left the Army and does she have a claim on my SAP pension?

Many thanks.

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20 Jul 09 #132710 by D L
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Considerations are different when a pension is it payment. Usually it is simply treated as income stream, thus the consideration is whether she is entitled to spousal maintenance or not.

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22 Jul 09 #133104 by maggie
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"Considerations are different when a pension is it payment. Usually it is simply treated as income stream, thus the consideration is whether she is entitled to spousal maintenance or not."
Could I ask about this principle for sharing pensions in payment?
In a case where for example the wife has no current requirement for spousal maintenance but no pension in her own name: if the divorce takes place before the pension holder takes the pension into payment she would probably receive maybe 50% of the pensions but if the divorce takes place after the pension is taken into payment she might well receive no income from the pension accrued during the marriage? She would get no share of an asset built up during the marriage?

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