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Dividing post-separation pension contributions

  • KingT
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27 Jan 10 #180290 by KingT
Topic started by KingT
Hi

My wife and I separated in 2000.

In 2002 I started a new job with a new pension.

In 2005, her new partner moved in and in 2006 we finally got our divorce.

Don't ask why, but we are now finally sorting out the financial side of things. Everything has been agreed bar the division of the pension.

At which point in time should the division be calculated?

On separation?
On when the new partner moved in?
On the date of Decree Absolute?
Today!?

...and if it went to court, any ideas what ruling the court would apply?

Thanks
KingT

  • Fiona
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27 Jan 10 #180308 by Fiona
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There is an argument that assets which did not originate from family assets and were acquired or created by the efforts of one party alone after or during separation should be treated as non-matrimonial property - Rossi v Rossi [2007] 1 FLR 790

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28 Jan 10 #180712 by KingT
Reply from KingT
Thanks Fiona.

Do you know whether there is evidence that this argument works or has been used in other cases?

Despite the legal viewpoint, I'd also be interested to understand what the moral position ought to be.

In other words, how long after separation should a partner be financially obligated to their spouse, if the assets were created after separation?

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