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Pensions earmarking or attachment

  • Robert26
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28 Feb 10 #189071 by Robert26
Topic started by Robert26
My stbx has a sizeable final salary pension. The CETV seems to undervalue it by at least 40%. With about 10 years to go before NRD I'm favouring pensions earmarking, but I'm finding conflicting information on it, both from my solicitor, and online. Can someone answer my questions?

I understand if I remarry, the pensions earmarking ceases. What happens if my stbx (the pension holder) remarries?

Are there cases where pensions earmarking is agreed with as much as 10 years till NRD, or is the "Clean Break" always given priority?

If I agreed to the current proposals for a sharing order, my pension would be about half what I would expect from pensions earmarking. Would this large difference have any impact on a court decision (if the collaborative process breaks down)?

  • Peter@BDM
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01 Mar 10 #189144 by Peter@BDM
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Robert

If an attachment order is made on her pension and she subsequently remarries there is no automatic change to the attachment order. However, unlike sharing an attachment order can be varied by the court. Therefore if her circumstances change (or yours), she could go back to the court and apply for the order to be varied. This could even result in the attachment order being rescinded. Conversely, once a pension sharing order is made it cannot be varied.

Peter

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01 Mar 10 #189196 by Robert26
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Thanks Peter, that is what I thought, but my solicitor added to the confusion by saying the opposite!

Robert

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