Pension in payment question.

Hi all

I have a financial FDR coming up, and have a query about pensions.

My ex retired on health grounds last year and got a lump sum of about £30,000 which has now all gone, him having spent it on himself (we have 2 children btw). The pension also gives him an income of around £650 a month. I have been told by CSA I cant claim on this as it was a health pension so he is still only paying me £5 a week, and I am wondering if I can be compensated from the equity in the house. This will only be quite modest however, probably about £50,000 at best, and legal fees would come out of my share.

Any ideas as to what I should ask for?

Thanks for reading x

Bump anyone?

Angelheart,

Ask for the sun, the moon and the stars, and settle for what's fair.

It's about needs and depending on the age of your children etc etc (all in this post here: www.wikivorce.com/divorce/Divorce-Advice...G-IN-THIS-FORUM.html)

There is a pot. You both have needs. You can't claim on that pension, but it is income, so it counts. However, in s25 of the matrimonial causes act www.wikivorce.com/divorce/Divorce-Advice...PLITTING-ASSETS.html it talks about the disablities of the respective parties, so that swings a little his way.

Either way, it needs to be a fair outcome for all.

In full disclosure, you need to present a years worth of bank statements - How is he going to explain his little 'spend, spend, spend' period? Hmmm? Did it all go on the family? Seems not methinks.

If you want to post up the details from the post above, someone might give you an educated guess on a fair outcome

Mike

I thought you'd already had to show that you're financially secure with your new partner etc for the leave to remove to america (?) with the children haven't you? That you are suitably housed with employment, school care etc?

Therefore be careful how far you go with this one as it may be seen by the court and portrayed by the other side that you're trying to rub salt in wounds before doing a disappearing act with everything you can get whilst trying to make your ex homeless and leave him as little money as possible to remain in contact with his children.

T

Thanks for the answers guys.
Mike, I will have a look at that link, prob should have read it first!

nbm, I know my new marriage and possible move will be taken into consideration. I get the LTR judgement on Tues next week, and have a financial FDR on 22nd April, so at least me and ex will have a clearer picture of the situation by then. But I dont want to leave my ex penniless at all - I just dont have any certainty of any child maintenance for the future, and have already agreed that if we move me and my new hubby will pay all air fares for the boys to come and see their dad 3 times a year. I just dont think its quite fair for my husband to have to bear all the brunt for children that, after all, are not his biologically when they have a dad who squandered every penny he had. He said he paid off debts with it, but who knows?? x

Whilst you say now that you and your new husband will pick up contact costs the fact is that this will be viewed with some sceptism by the court and your ex because people who want something will promise anything and everything to get it. The proof though will be whether or not a few years down the road you actually do pick up flight costs or whether your ex ends up having to foot the bill after all.

Fact is you will not help your case at all by trying to front load it with you trying to have the lions share of the assets now with a promise that you and your new husband will pay x in the future and of course that you don't want to see your ex penniless.

Sorry I'm afraid I've become alittle too jaded with people and promises at the moment and the entire legal system.

T

I would pay for the children to come back to the UK, but if my ex goes back to work, as is his plan, I dont think its unreasonable for him to help with expenses in the future. I didnt just say that so I would look good in court - in fact there were several points where I could have bent the truth to put myself in a good light but didnt, because I dont think that would have been fair.
I know what you mean about being jaded - I'm made to feel (and I dont mean by you nbm) that I should treat the ex perfectly and bend over backwards, but he is the one who never cared about us when he had all that money and didnt give me any for food for our children.
Sorry, I'm not having a good evening x