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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.


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PENSION AND THE COHABITING WIFE

  • Norfolkboy
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12 Sep 12 #355484 by Norfolkboy
Topic started by Norfolkboy
I left my wife in May this year. She is in our house, for which I am still paying the full mortgage (in other words she is not currently contributing to that cost). I am also paying her 50% of my Military pension, which was accrued over 25 years of service. My wife has now met a new partner and is planning to cohabit, though not at this point remarry. My question quite simply (maybe it isn''t simple!) is does her entitlement to 50% of my pension remain if she starts cohabiting. Does that entitlement remain or die if she remarries?

Many thanks,

Norfolkboy

  • LittleMrMike
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13 Sep 12 #355605 by LittleMrMike
Reply from LittleMrMike
From one Norfolk boy to another.

No it''s not quite that simple ! ( few things are ) but first impressions :

The first and most important question is whether there is a Court order or whether these arrangements are purely voluntary.

Are you, in effect, paying her out of your pension income, or has there been a formal pension split ?

You really should not be paying the mortgage on a house where you do not live, though you may find yourself, at the end of the day, having to pay indirectly through the medium of spousal maintenance. But you are supporting her now, it seems.

As to the possibility of her co-habiting or re-marrying - well, that would certainly make a difference, especially re-marriage.

But before I can even start I need to know if there is a Court order or not. It kinda sorta matters.

LMM

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13 Sep 12 #355617 by Norfolkboy
Reply from Norfolkboy
Hi,

Thanks for coming back to me. There is no court order in place, this is a purely voluntary arrangement. She is now extremely anxious to know whether or not she will retain any entitlement to a proportion of my pension once she starts cohabiting (which to be honest, she already in effect is). What she wants to do is move the guy that she is seeing into the house that I am paying the mortgage on - it suits him from his own practiacl and financial perspectives, and it suits her on the same basis.

Thanks again for your help.

Norfolkboy

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