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Pension as asset or 50% CETV value?

  • Wheelnut
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21 Jun 10 #210303 by Wheelnut
Topic started by Wheelnut
Originally my stbx decided she did not want a share of pension but then after seeking legal advice decided she wanted to know the CETV values of them. I found (after a lengthy delay) that the values were £75k and £70k.

She then suddenly changed her mind and decided to use the CETV value in her calculation of the shared assets. This left a big whole in my finances as she effectively wanted 50% in CETV value to 'buy her out'. I did point out it was my decision whether I wanted to buy her out or right her into the provision at retirement age and if I did it is rarely 50%. i am not sure I was right in this? I could also 'give' her the lower valued pension and keep the higher valued one?

Regards

Andy

  • TBagpuss
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21 Jun 10 #210308 by TBagpuss
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Usually, if she wants a share of the pension then she will get it as pension - i.e. by way of a pension sharing order.

If she wants cash, then this would not normally be £ for £ the value of the pension, as she will be getting an immediately liquid asset rather than a future income source. The exact figures vary (£for£, or near it, may be appropriate in some situation, for instance if she is very close to retirement age)
One common calculation is taht you get 25% of the vlaue as cash - so if the combined CETV is £145K, and if she would be entitled to 50% (which may not bethe case, depending on the legth of the marraige, whether she has [pensions etc) she might get a pension sharing order for around £72,500. 25% of that = £18,125 so that would be where you's start if she is asking for cash rather than pension.

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22 Jun 10 #210506 by Wheelnut
Reply from Wheelnut
I have replied in far more detail in my post under the thread titled inheritance...didnt want to duplicate things here...both pensions and inheritance are interlinked because she is using a claim on one (i.e. pension) to compensate for a non-claim on the other (inheritance).

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