Am I entitled? What should I do

I can't leave the text as it's too easy for him to find me

Yes, you are likely to be entiled to a share of the pension. You will need to check what the rules are about it being split - e.g. if it is split before he draws it, then will you be able to draw your share striaght away, or only when you reach retirement age?

If he does take the pension before any settlement is agreed, it isn't the end of the world - most pensions can still be split even after they are in payment, although spiltting a pension at the point becomes more expensive. In those circumstances, you would also be able to ask the court to take into account th lump sum he received as part of the assets.

I would suggest that you ask your solicitor to write to his seeking an undertaking not to draw the pension until finacial issues have been settled - he may not be willing to give one, but it may put you in a stronger position to argue that he should pay for the costs involved in splitting the pension esp. if these are higher than they would have been, had he waited.

As the pensions issue may be quite complex, given that he is drawing a pension early, and has an occupational/civil service pension not a private one it may be in your interests to see a specialist pensions advisor with divorce experience (resolution accreited if possible) to advice on the most effective way to deal with the pensions.

how would I find a specialist pensions adviser that has divorce experience?

Hi,

It is important to focus on what you what from the divorce settlement and as a part of this the pensions.

I think there are four key areas to consider.

- The type of pension
- Whether it is in payment or not?
- Its valuation - how has it been valued and is the valuation fair.
- What are your options on dealing with the pension.

A competent IFA inconjunction with an actuary will be able to guide through to the settlement you want.

Regards

Phil

Although I am a Resolution Accredited Independent Financial Adviser my comments are given here as general guidance based 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