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What % of CETV applies?

  • happyagain
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21 May 10 #205046 by happyagain
Topic started by happyagain
My partner has had his CETV through today, based on the date he started his job 16 years ago. He married 4 years later with no prior cohabitation.
The end date on the cetv assumes that the date of calculation is the date of divorce. It is not, the divorce happened in March, but they split at the start of 2008.
Can it be argued that his ex would have no claim on at least a quarter of his pension as this was paid into before marriage, and possibly no claim on a third as they were only together for 10 years of the 16 years the pension covers?
The pension is not sizeable but the only assets are the house and his pension, so this could make a difference to the outcome.
Also, would his ex normally have a claim on the voluntary contributions he has made since separation? (only £20 pcm but it all adds up!!)

  • P1nkPanda
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22 May 10 #205173 by P1nkPanda
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I am not sure what is supposed to happen but my experience is that it is all taken into account. My example is probably not typical and I am still at a loss to understande why.

My CETVs at May 09

1 82K former FS been in deferment since 93. Had paid into it for 10 years to 93.
2 8K paid 01-03 occ in defermnent
3 28K current occ scheme since 03
4 8K personal pension paid 2000-2001

His
1 31K to 91
13K various to 01
2 8.5K 01-05
3 6.5K 06-08

Judge decided he needed 48K of my pension 1 equating to 59% leaving him with about 10K MORE in pension cetv.:ohmy:This despite the specified pension not being active for 3 years prior to the marriage of 10 years,97-07 so basically it was just accruing interest, and not taking into account that I paid substantial % of my salary into pensions my whole working life while he chose not to bother and took the cash each month instead.

Yes I'm ANGRYYYY,:angry:but I am getting over it

  • happyagain
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23 May 10 #205220 by happyagain
Reply from happyagain
Are there any pension people out there who know a bit more about this? I thought I'd read somewhere that only contributions during the marriage would be taken into account.
Their's was a fairly average length marriage - 10 years - and they are both now 37 so have plenty of time left to build up a pension. My partner is not able to draw on his pension until he is 65.

  • maggie
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23 May 10 #205234 by maggie
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Until the pension people get back from counting stuff:
This is the bit that seems to me to sort it:
MCA 1973 s25
The court must take into account:
2(h)
" in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit. . . which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring."
Because of that :
Assuming if you stayed married you would share the income from any pension equally - ie you wouldn't say - you can't have any of the income from that part I accumulated before we married - so I think all the pension brought to the marriage and accrued during the marriage is in the pot for sharing.
Until you get your Decree Absolute you're still married.

In my case my ex stuffed his new pension mightily after separation in the belief it couldn't be shared but the CETV was re-calculated for the FDR and I shared the
post separation accruals.

  • Peter@BDM
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24 May 10 #205380 by Peter@BDM
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I am sure that some lawyers will tell you otherwise, but our research suggests that there is no universal approach to this issue, though there is more consistency with pension sharing than with offsetting.

It appears that applying part accrual (only the pension built up during the marriage) is more likely where the marriage is seven years or less. Having said that we are often asked to do the limited accrual calculations where the marriage is longer, so presumably some lawyers are confident that they can argue this point in court.

Peter

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