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Armed forces pension gratuity

  • RichyRichM
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28 Apr 12 #326966 by RichyRichM
Topic started by RichyRichM
I left the Armed forces in 2007 and split from my wife in 2010 with full time custody of our child with whom I remain in the house. Her lawyer is going for a 50/50 split on the house plus her 50% of her part of my pension. As I put my gratuity into the house which was fully commuted does this not mean she is getting this gratuity part of the pension in effect twice. Worryingly 2 solicitors seem unsure of how this works out. Has anyone experienced similar?

  • hadenoughnow
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28 Apr 12 #326998 by hadenoughnow
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I am sure someone who is a lot more clued up about Scots Law will come along soon but my reading of this is as follows.

In Scottish Law it is the date of separation that is key.

Could it be that if you paid off a chunk of the house AFTER separation, the request is for 50% of house value at separation and 50% of gratuity?

So in effect you would not be paying twice .. but would have to take gratuity cash out of the house to settle up.

Alternatively if you paid it into the house BEFORE separation then the gratuity no longer exists -- so yes they are asking for it twice. You probably just need to explain how you spent it.

Hadenoughnow

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30 Apr 12 #327505 by ScotBob
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It is not only the date of separation that things are taken - if there was money in the pension pot before marriage then that value is also relevant. As I understand it it is the amount accumulated DURING the marriage that counts, so it would be 50% of the difference between the CETV at separation date & the CETV at the date of marriage.

Similarly, I''ve just been asked to provide vouched figures for my bank account & credit cards, etc. as at the date of marriage, having already supplied them for the date of separation. However it appears that it''s irrelevant that those pre-marriage balances were racked up while living together for 5 years before marriage, so looks like I''m getting further shafted by the ex :(

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