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company pensions

  • maggie
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01 Nov 09 #158924 by maggie
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I'm so sorry.
I'm trying not to leap to conclusions about why you're divorcing in these circumstances. This will sound mercenary and cold Humphrey1 but what would happen to her pension if you didn't divorce and share it ?
Does she want to divorce?

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01 Nov 09 #158926 by humprey1
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yes.

I am assuming I would not be entitled to her employers added contribution to make it up to a full pension when she retired? Or is this a grey area.

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02 Nov 09 #159131 by humprey1
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Sorry to be a pest but you would say that this would say the portion added by her company because of her illness should be excluded from her pension pot?

Tx you as I do not want to waste legal costs on pursuing this.

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02 Nov 09 #159133 by maggie
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I'm afraid of misleading you - hoped the pensions pros would leap in to reassure us -
I've no direct experience -
I'd say from the regulations unless the pension top up was the direct result of disability caused by the job - ie compensation - the whole pension in payment is shareable.
You'll understand that whether it is shared and in what proportions, has to be decided in the light of all the circumstances of the case.

  • The Divorce IFA
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02 Nov 09 #159139 by The Divorce IFA
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Hi

If you can provide a little more information on your circumstances I will try to get you some clarity on this matter.

In particular:

What is the name of the pension scheme the benefits are being paid from?
Who passed you the information confirming that these rights are not shareable?
Have you received an up to date cash equivalent transfer value or cash equivalent of benefits (as the pension is in payment)from the pension trustees?
Can you give figures on the benefits split between the different parts?

Please note: Although I am a Resolution Accredited Independent Financial Adviser my comments are given here as general guidance ­­­­­base­­­­­d on the (often limited) information available and does not constitute financial advice. They should not be seen as a substitute for detailed financial and legal advice.

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02 Nov 09 #159140 by humprey1
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I have been led to believe that there is some doubt as the shareable nature of this portion of the pension through senior legal counsel. I am not sure if there is precedent in this case.

We have the CETV and it is a company pension scheme.

Does this help?

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05 Nov 09 #159789 by The Divorce IFA
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Hi,

Sorry for the delayed response.

Frankly, I would be guided by senior counsel on this matter. It is likely that the benefits are not shareable under legislation due to the type of pension scheme it is or that they are treating it as compensation (as per my earlier posts)

The CETV is helpful but to be definitive I would need much more information as detailed in my earlier post.

Please note: Although I am a Resolution Accredited Independent Financial Adviser my comments are given here as general guidance ­­­­­­­­base­­­­­­­­d on the (often limited) information available and does not constitute financial advice. They should not be seen as a substitute for detailed financial and legal advice.

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