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  • braindead
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10 Mar 10 #191305 by braindead
Topic started by braindead
Hi

Am respondent in recently issued divorce. Only because I could not afford the £300 to start proceedings.
Have been living with ex since 1981, married in 1984 and separated in 2003. So, in relationship for 22 years actually living together and married for 25 years.
He has all the income in the form of pension,currently in payment, whilst I have nothing.
There are no children of the marriage.
When we separated, the MH was sold and split 50/50.
I have now just been able to afford to engage a solicitor to act on my behalf. The costs of this terrify me! I only want 50% of the pension in payment. If this is not realistic, I will give in now.
He has said he will fight me to 'the death'. So, should I carry on and pay out money I dont have (need to borrow from family) or cave in?
Thanks for taking the time to read this

  • mike62
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11 Mar 10 #191337 by mike62
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braindead (know JUST how you feel ;)),

Need a little bit more info for someone to express a view. Have a look at this post to see what is needed:

www.wikivorce.com/divorce/Divorce-Advice...G-IN-THIS-FORUM.html

Fill in the blanks and someone should be able to give you a view on your circumstances

Mike

  • The Divorce IFA
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11 Mar 10 #191391 by The Divorce IFA
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Hi,

If you can confirm the following:

- Cash Equivalent Transfer Value of his pension.
- The type of pension it is (annuity / final salary / etc).
- Your age.

I should be able to give you a better understanding of how much pension you might be entitled to. This will really help with your understanding and in your negotiations.

Given that you were married for such a long time and the pension is an asset of the marriage, I would argue why should you not receive some of the benefit.

If you want further guidance, please post again.

Regards

Phil

Please note: Although I am a Resolution Accredited Independent Financial Adviser my comments are given here as general guidance ­­base­­ d on the (often limited) information available and does not constitute financial advice. They should not be seen as a substitute for detailed financial and legal advice.

  • braindead
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13 Mar 10 #191735 by braindead
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Hi Phil

I have sent you a PM

Regards

BD

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13 Mar 10 #191737 by braindead
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Hi Mike

Thanks for the info. Ok here goes:

Him age 64, Me 51
0 children
Married 25 years, co habiting 3 years. Separated 5 years ago
His income (pension in payment) minimum £20,000 plus 2 other jobs giving maybe another £5,000 year minimum
Mine: Nothing, just scratching a living. Last year, £3,300 in total
His assets: House, car, value?
Mine: House
Nothing joint as MH sold when we separated and split 50/50, which enabled me to buy my house and him his house.
Liabilities:
Him: Not sure, but he has re mortgaged several times to pay for expensive cars, holidays, TV's, wine and women. Certainly in excess of £100,000
Me: None

I just need to know if I am on track to receive a 50% share of the pension in payment?

Thanks for reading this

  • .Charles
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15 Mar 10 #191871 by .Charles
Reply from .Charles
How long did he pay into his pension fund? Are you able to increase your earning capacity? Being quite a bit younger is there any reason for you not to seek work to limit your claim on your ex's earnings?

Charles

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