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Divorced already - can she get my pension?

  • ddlbus
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15 Mar 08 #16860 by ddlbus
Topic started by ddlbus
I divorced from my ex-wife 8 years ago. At the time she stated she would not be seeking to take any of my pension when I retire.

To my memory the divorce settlement did not mention the pension at all. Now she is seeking more money from me for child support and I am concerned she will also seek a portion of my pension.

Question 1 - Does my ex have any rights to my pension - bearing in mind we are divorced and it was not part of the divorce settlement?

Question 2 - If she does have rights - what is the likely outcome?
The circumstances are that we split after 3 years of marriage, the pension started the same time as the marriage. During those 3 years we had two children.

We have both since re-married and both have further children with our current partners.

Thankyou.

  • LittleMrMike
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15 Mar 08 #16864 by LittleMrMike
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Depends. Did you have a Court order on divorce and what did it say ? Did it dismiss your wife's claims? If it did,
then I don't think she can re-open it unless there was Fraud or concealment or anything like that.

Another issue is whether her claim could be barred by her re-marriage. If after the grant of a decree either party re-marries that party can't thereafter apply for a financial provision order or a property adjustment order.

But if an application had been made before her re-marriage an application may be possible. You need legal advice, I think.

Mike 100468

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15 Mar 08 #16866 by ddlbus
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Mike,
When we divorced it was fairly amicable and there was no court order. She did not make any claims against my pension at the time.

There are no issues regarding fraud or concealment - she was fully aware of my pension contributions.

To my knowledge she has not made any application either before her re-marriage (three years ago) or even at all to this date to get at my pension or any other of my finances (other than through the CSA).

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15 Mar 08 #16879 by LittleMrMike
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On the basis of what you say I think it's unlikely your ex could pursue you for more SM or anything. But if she tries,
you will need to check with your solicit or.

Child support, as I'm sure you realise, is different.

Mike

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