I wud add to dukey's response from my own personal & very recent experience.
Have you a pension yourself? If not his pension is an asset to be broken up in the same percentage terms as all other assets. Length of marriage, children etc tends not to have to much of a bearing in my opinion.
If you have a pension the differential in fund values (ATV's) will be calculated and this will be broken up as above.
OPtions for you are 1/ A pension sharing Order or, 2/ trade the settlement value on the pension for a bigger proportion of the other assets (house & savings etc).
Dependant upon your and his earnings you may be able to make a claim under the "Ray Parlour" precedent - again I got done under this also!!
you will need to get a CETV ( certificate of estimated transfer value) for his pension - then send that to a pension actuary who will work out how much you will be entitled to. I am in the first stages of this process and intend to offset my part of my husband's pension against his equity in the FMH
We married in August 1995, he left in August 2007 and I am about to file for divorce.
There is approx 145K equity in our house (wouldn't buy a 1 bed flat in this area) I have a car £7695. My pensions total appx 42k (Transfer value). He is about to change to a lesser paid job of £63k. The last paperwork on his pension stated that he would be entitled to £30.3K annual pension or lump sum of £132.9K plus residual pension of £19.9k pa.
I currently earn just £80 per month. We have children of 4 and 8. I gave up my career job (Logistics Manager) early on in our relationship as he needed a lot of emotional support, later we agreed I would be a stay at home mum, that way he knew where I was and always on hand if he needed me.
You need to see a solicitor........ the Ray Parlour rules does apply.
In my case the earnings differential was similar in my case and x claimed £160k against me for future earnings.......... a big pill 4 me to swallow.
The starting point of pension valuations is the Cash Equivalent Transfer Value (CETV), unless the pension is already in payment, in which case it is a Cash Equivalent Benefit (CEB). Both tend to significantly under value the pension, as the valuations are the pension equivalent of a “fire sale” valuation.
To get a fair valuation, you will need a report by an actuary. Be careful of non-actuarial reports they may not be acceptable to the court if it gets that far.
If you are contemplating a pension sharing order then you should get an actuarial report (but I would say that wouldn’t I!). In my defence, most of the legal practitioners who post here seem to share my view.
If you are looking to offset the pension against another asset, using the CETV could be to your disadvantage. You and your lawyer should get another valuation – by an actuary.