hi can some one help, i have been married 9 years but have held my CivilService pension for a lot longer. husband and i are divorcing and he is holding going after my pension as a weapon to get his demands met, we seperated for 18 months due to domestic abuse , and lived apart for two years due to my work commitments during which he didnt work and claimed benefits as a single man . At worst case what is his likely entiltlemnt to my pension as he seems to think it is a minimum of 50% of the total years service.
I am no expert on pensions so perhaps anything I say may be taken with a pinch of sale, but on the basis that it takes 40 years to build up a pension and you have been married for 9, I''d say that 25% was as much as he is likely to get.
Firstly, if a pension share is applied then it''s a percentage of benefits accrued to date, not the total you will have built up by the time you retire.
Secondly, if you had accrued substantial pension benefits pre marriage then there is an argument to exclude these.
Thridly, if you have separated for some time there may be an argument for excluding pension benefits which have accrued since separation.
Lastly, are you sure that he has absolutely no pension benefits at all, at the very least he should probably have some entatlement to Additional State Pension, the value of this can be provided by the DWP free of charge.
The best starting point is to discuss with your solicitor, you may then need more specific pensions advice .