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Pension Sharing and when to draw it

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24 Feb 10 #187742 by maggie
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Is it a final salary/aka defined benefit pension you'll be sharing mabaker?
Does your ex's pension come direct from the pension scheme or did he buy an annuity when he retired?

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24 Feb 10 #187756 by mabaker1949
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The pension is a company pension

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24 Feb 10 #187807 by maggie
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Divorce following Judicial Separation uncharted waters for me mab.
What did your solicitor say about the effect of the pre-existing Judicial Separation Agreement?
This post from another forum is old - things may have altered?
"Date: 3 Sep 2001
Answered by: Mark Keenan, Editor, Divorce-Online
Q. My ex-wife and I obtained a judicial separation in 1990 (I wanted a divorce but she insisted on a separation). The financial terms were a Clean Break: she gained the matrimonial home, and paid me a lump sum settlement. I do not pay her any maintenance. We have not lived together since 1988. If I file for a divorce now, will the financial separation be upheld or can she change it? What about my company pension?
A. If an Ancillary Relief order was made during the Judicial Separation proceedings that dismissed all future possible claims, then the finances were dealt with by that order."
Hope it doesn't apply to you.

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24 Feb 10 #187893 by mabaker1949
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I'm in a similar position but I have been told that it can be done although it is complex. I will just have to see how it goes and hope for the best.

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24 Feb 10 #187908 by maggie
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I've since found further information on various websites that a clean break is impossible with a Judicial Separation because the couple remain married.
This contradicts the advice given in the example question I found.
Sorry for the pointless detour.

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