The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

final salary and pension in payment

  • penny10p
  • penny10p's Avatar
  • Elite Member
  • Elite Member
More
04 Dec 09 #167175 by penny10p
Reply from penny10p
As I understand it, if you went for a pension share you would not het you 'share' of the pension until you were 65, whereas his pension would reduce immediately. If you want to retire ay 60 wouldd you have enough to live on for those 5 years? you still have 4 years to contribute to your pension whereas he cannot contribute any more. Could you maybe ask for the 60K that he has in savings and put it into your pension scheme as additional voluntary contributions? Or as separate personal pension? Or it might be better if he paid you maintenance but then you couldn't have a Clean Break.

  • maggie
  • maggie's Avatar
  • Platinum Member
  • Platinum Member
More
04 Dec 09 #167193 by maggie
Reply from maggie
His pension's not an NHS pension Rosarie?

He was able to take an unreduced pension at an early age - if you did share that pension would you be able to take your share into payment immediately - ie what rules does his pension scheme apply to pension credit pensions resulting from pension sharing on divorce?

  • Peter@BDM
  • Peter@BDM's Avatar
  • Platinum Member
  • Platinum Member
More
04 Dec 09 #167194 by Peter@BDM
Reply from Peter@BDM
Hi Maggie

Good points but I believe that the husband is an NHS mental health officer, in which case he has earlier retirement options than those generally applying under the NHS scheme. My understanding is that as a pension-credit member of the scheme the normal scheme retirement rules would apply.

This is a good example of why I so dislike the phrase “shadow membership” in a pension sharing context. The shadow is often distorted by the facts and could easily mislead.

Peter

  • nbm1708
  • nbm1708's Avatar
  • Platinum Member
  • Platinum Member
More
04 Dec 09 #167196 by nbm1708
Reply from nbm1708
rosarie wrote:


W 56yrs. H 62yrs

W. CETV 203,051.38 (NHS final salary)

H. CETV 1,099,000.00 (Final Salary Pension in payment).

W.Monthly salary Gross 3059.52 Net 2146.96
H.Monthly pension Gross 3705 Net 3031

Did not work for 1yr. Now works part-time. ? could work full time.

H. able to retire @ 55yrs (2002)Private Hospital Final Salary Scheme (mental health officer status). Chooses not to work since.

H. arguing that he completed his pension contributions and was fully paid up in 1996. I am therefore only then entitled to a share of contributions from 1982 (cohabiting) to 1996.

I have increased my hours to full time in a physically and emotionally demanding job and wish to retire @ 60 (state pension @64).

  • maggie
  • maggie's Avatar
  • Platinum Member
  • Platinum Member
More
04 Dec 09 #167225 by maggie
Reply from maggie
I assumed his pension would be something like Nuffield Hospitals - I recall they closed their Defined Benefit scheme a while back?
If it is NHS though their rules mean a pension for an ex-spouse at age 60 earliest and would produce the dreaded gap?

Rosarie wrote:
"H. arguing that he completed his pension contributions and was fully paid up in 1996."
Assume that means he reached the HMRC limit - "lifetime contribution"?
Seems a long time to be barred from making any further pension contributions?
Any SERPS/second state pension?

offsetting - swapping your share of the pension for another asset -leaves you vulnerable to reductions in the amount offered.

  • nbm1708
  • nbm1708's Avatar
  • Platinum Member
  • Platinum Member
More
04 Dec 09 #167227 by nbm1708
Reply from nbm1708
The poster has already put up though that she's NHS and he was a private hospital?

Therefore it would depend as to the rules on the private hospital's scheme rather than the NHS surely.

There's also the issue that while he's now retired as far as his pension is concerned and therefore no more can be added to it, her's is not as she is still working and even if she retires at 60 as she plans still has a further 4 years of contributions into it.

T

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
04 Dec 09 #167235 by hadenoughnow
Reply from hadenoughnow
It seems to me that this is a no brainer.

An actuary is needed to calculate what share of the joint pension fund Rosarie needs in order that incomes are equalised on retirement.

Yes it would mean his income is reduced - but it is not his money - it is a joint asset.

How exactly things are sorted eventually will depend on what the actuary works out and whether the share is inside or outside his scheme. It may be that rosarie can opt for a smaller share in return for more equity if that is appropriate.

My back of a fag packet calculation has the existing pension split at 16% her and 84% him. However what is not clear is whether the CETV value given was pre him taking the lump sum .. and CETV is not what is used for a pension in payment ..

Assuming it is an existing fund value and that there are no major differences in the way the values would pan out (both final salary), very roughly I think it wd mean rosarie gets circa 40% of his pension pot ... which would mean (according to my limited brain) that his net income from pension would be pretty much the same as hers .... :blink:

But you would need a grown up to do the proper sums before even thinking about agreeing to anything ..

Hadenoughnow

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.