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  • jean1957
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03 Oct 10 #227667 by jean1957
Topic started by jean1957
any help please ,i have gone through a divorce but have not yet sighned the absolut, my ex ,retired as we seperated he is 55, and as got his retirement pension, which the court said he had to pay half to me. my prob is he can not get his money but a cannot get mine till i retire, so i have to rely on him paying this into my bank acct, why cant i take my half and put it where i want, and if i sighn the Absolute can he stop paying,i am worried if he dies before i retire i will loose my half, i have had to stay with my sister because i couldnt afford to stay in our home, he as got his money and moved in with his girl friend

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05 Oct 10 #227910 by TBagpuss
Reply from TBagpuss
Do you have a court order?

You need to get some advice about how to secure your position.

From what you say, it sounds as though there is to be a pension sharing order, after which you will habve a pension in your own right (funded from his) but will not be able to start drawing it until you are 60.

Once the order has been implemented, you have a pension in your own right so it won't be lost if he dies. A pension sharing order can only be implemented once the pension fund receives the Order, plus pension sharing annex and a copy of the Decree Absolute.

However, you have the income gap betwen now and your 60th birthday. One way of dealing with his is to have a maintenance order requiring him to pay 50% of his income to you. berar in mind however that his income will fall as soon as the order is implemented as his fund will be smaller.

You may also want to cisider whether some form of insurance is needed to cover the situation if he were to die prior to your returement, as of course any mainteace will stop at that point.

You mentioned the court - do you actualyl have a final order or was this at an FDR or interim hearing? If it was a final order then you won't be bale to change the terms but if you post the wording of the order we can let you know what it means.

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