Claiming Pension

I have been separated 3 years and now got my Decree Absolute. We're still sorting the finances out. Do I claim a share of his pension up to the date of Separation or date of Decree Absolute?

You will need to know the current value of the pension (as pension sharing orders are usually expressed as a % of the value)

Normally, you would then look at splitting the proportion of the pension built up during the relationship (i.e from when you started to co-habit, to when you separated)although that is not an Absolute rule.

In my case - 30 year marriage/no pension in my name - the FDR hearing was just about 2 years after we separated and I shared both pensions accrued to the date of the FDR [a couple of weeks before Decree Absolute] so the pension built up after separation up to the Decree Absolute was shared.
The question of limiting sharing by excluding any pension accrued after the date of separation never arose.

Hi,

As Maggies states, by the time the pension sharing order is implemented the date of separation is often overlooked (rarely in Scotland).

This can often result in the spouse often sharing in a larger pot due to extra pension contributions or increased investment performance. Please note that the reverse can happen also.

As Tbagpuss points out working from an old CETV is not helpful. One CETV a year must be provided for free if requested.

The next thing to watch for is that regardless of the CETV you have been using for the negotiations when the sharing order is implemented it will be recalculated on the valuation day (which is chosen by the scheme). Note this can have an impact up or down.

Regards

Phil
The Divorce IFA

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.

Please see my post on the 'sticky' at the top of the pensions page - cetv- provider charges. It seems that not all employers have to provide a free CETV. I have recent experience where a friend requested a cetv from the Armed Forces scheme and there was a charge to pay.

The cetv should be free unless more than one is provided in a 12 month period, but there is a charge for implimenting the sharing order (Forces Pensions)

My pension share was calculated on the day the Consent Order was agreed.