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humprey1
Posted by
Senior Member

16 Aug 09 #138927 by humprey1

Topic started by humprey1

If a party is below pensionable age and not able to work on health grounds and receiving a pension what is the liklihood of that pension being included in the pot, when the other party chooses not to work but can work and earn well. How will a court potentially see this?

TBagpuss
Platinum Member

18 Aug 09 #139542 by TBagpuss

Reply from TBagpuss

It is likely that the pension in payment would be treated as income, not as a pension pot, and the fiancial settlement considered accordingly.

If thecourt accepts that the other party could work but choses not to, the Judge can take into acount their realistic earning capacity.

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