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is this right?

  • shellshock
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31 Dec 09 #172484 by shellshock
Topic started by shellshock
Happy New Year to everyone.

STBX has 2 CETV's which added together total 385k. He earns 110k per annum.
We cohabited for 15 years, married for 12 of them, no kids. I have a cetv of 50k and earn 16k.
STBX seems to think I am only entitled to the pension he accrued whilst we were together which is 18 months of the first one and 7 years of the second one. Is this right?
I was hoping that I would be able to keep our 2 bed house by offsetting his share of the equity in the property (approx equity total is 120k) by not claiming any of his pension. If he is right I probably wouldn't get enough pension to do this?
Can anyone help me on this. It's driving me mad and I'm nor seeing my solicitor for another 2 weeks.

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31 Dec 09 #172489 by Ephelia
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In England there is no rule about only counting the pension 'earned' during the marriage or relationship. It is included as part of the general marital pot, although not necessarily 'pound for pound'.

To get a good guestimate of what you might get yo'd need to give all your details as requested in the Ancillary Relief Forum.

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31 Dec 09 #172492 by JoannaA
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I got all the equity £170,000 plus half his police pension.

Jo x

  • LittleMrMike
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31 Dec 09 #172496 by LittleMrMike
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I'd agree with what Ephelia says. You cannot consider the pensions, or the house, or anything else, in isolation.

The analogy I use is this.If you take a pair of old fashioned scales, with a number of weights of different denominations. There may be a number of ways in which you can arrange the weights on the scales and still achieve equilibrium.

The Court's basic task is to make sure that the basic needs of both parties are met. That means both of you need somewhere to live. You say there are no children. He has a much higher salary and therefore a much higher mortgage capability.

You will need to post all the information as Ephelia suggests and I'll try to make an educated guess.

LMM

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31 Dec 09 #172497 by shellshock
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Thanks for that.
Details are:
Cohabited for 15 yrs (married for 12 of those years)

Him
Earns 110k
Has 105k in shares etc all in his name
Has 17 yr old from 1st marriage (lives with his mum)pays 500 per month for him
Cetv 385k
No debt apart from mortgage (joint) 132k
Equity in 2 bed property approx 120k
Company car (free petrol)

Me:
Earn 16k
Cetv 50k
Have 30k savings
No debt apart from joint mortgage
Car 4k

Is this enough info to get a guesstimate from you knowledgeable people?

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31 Dec 09 #172499 by LittleMrMike
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One piece of important information. Your ages, please.

LMM

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31 Dec 09 #172502 by shellshock
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Thanks for your help.
I am 55 and he is 50

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