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Pension offsetting

  • The Divorce IFA
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08 Jun 10 #208058 by The Divorce IFA
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The simple answer to this is no.

It would be definitely would be a useful exercise and I could perhaps consider sending out a survey at the end of a case or for use with solicitors. I will start to discuss this with colleagues at the next Resolution POD meetings.

I think there are areas of pensions in divorce which you can rely on but I admit that others (such as moving target syndrome and offsetting) where the uncertainties are not helpful.

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.

  • braindead
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09 Jun 10 #208222 by braindead
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Hi

Sorry if it is a bit off topic as it does not specifically relate to pension off setting, but as the question is along the same lines and the principles applied would, I believe be broadly similar, I hope it is acceptable.

Is there a generally accepted formula for agreeing a pension sharing/earmarking order? Eg Married for 30 years but only for 16 of the pensionable years (14 years pension earned before the marriage), so on this basis the pension share formula is 30 years divided by 16 years x 50%?

It would save an awful lot of peeps an awful lot of money on legal wrangles if this were clarified.

We would all know where we stood and only in exceptional circumstances would the formula be varied.

I keep reading on here about a straight 50/50 split of all the marital assets being the norm after a 'long' marriage, in which case a 'formula' such as outlined above would not apply.
Which is correct?

Is there indeed an agreed formula which splits the pension according to the number of years married during which the pension was accrued, or is it instead a straight 50% of the total amount in a 'long' marriage?.
Or is it all open to interpretation?

Thanks for reading

  • waitingame
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09 Jun 10 #208233 by waitingame
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Thanks Phil,

Perhaps the question should be asked at your next meeting , Please let me know the outcome..In my case if i was asked to share my experience as to outcome of a hearing , but perhaps not all the personal details , i would hope it could guide others as to possible expectations.

  • Issy
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09 Jun 10 #208234 by Issy
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I have no interest in my stbx's pension. Neither has he in mine.
BUT we both are public sector workers and are probably on roughly the same .
I just want a Clean Break and do not want to effect his life unfairly in the future.

  • waitingame
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09 Jun 10 #208237 by waitingame
Reply from waitingame
well said....wish my stbx was as understanding.

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