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My ex wife has yet to claim award of pension split

  • Outofthequagmire
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08 Oct 10 #228402 by Outofthequagmire
Topic started by Outofthequagmire
In February of this year my ex wife was awarded 40% of my pension. Eight months later my pension providers have yet to hear from my ex wife and I cannot understand why this is the case. What ramifications does this have?

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08 Oct 10 #228411 by dukey
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I assume by awarded you mean this was imposed at a final hearing?

To complete the pension share your wife needs to complete a pension sharing Annex or instruct a solicitor to do so, if legally aided it can take a while, at some point it will happen, other than the pension share there are no other implications.

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08 Oct 10 #228413 by maggie
Reply from maggie
Assuming the scheme has received the Pension Sharing Order from the court......
ultimately if she does nothing at all - under the regs the pension scheme has the right to discharge its liability for her share as they see fit - keeping it within the scheme or transferring it out according to the scheme rules.
If it's a matter of her transferring her share out to another scheme she may still be trying to figure out what to do?
In my case the scheme admin. wrote to me as soon as they had received the Pension Sharing Order and told me to tell them where I wanted it to go.
Is it a final salary scheme?
If so there may be delays if the scheme rules are not clear on what to do when ordered to split a pension and the trustees are "making it up as they go along" as in my case.

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08 Oct 10 #228414 by Outofthequagmire
Reply from Outofthequagmire
What if she never hets around to it. I was hoping to put my pensions into one pot once she had taken her part of the pensions. I have asked her solicitor for an update but I have had no reply.

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08 Oct 10 #228416 by TBagpuss
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I'llwait for one of the finacial experts to comment in more detail but my understanding is that it should not have a detrimental effect on you - the order takes effect (although it is not implemented)

The Pension Sharing Order takes effect from "the date on which the Decree Absolute of Divorce or nullity is pronounced or if later, either (a) 21 days from the date of this Order, unless an appeal has been lodged in time, in which case (b) the effective date of the Order determining that appeal"

and the value to be split is calculated as at the day immediately before the order takes effect, so she won't gain from any nwe contributions you may have made.

I would sugges tthat you check with the pension compnay what they are waiting for and then chase up your ex about it. Was she represetned? Does she know they are waiting for her? She may have assumed that the split was automatic.

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08 Oct 10 #228430 by maggie
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Big Q is has the pension scheme received the Pension Sharing Order [PSO]- if they have - are they waiting for her instructions.
If so - they have the hot potato - what will they do if they hear nothing from her by eg end October.Have they written to her?
If no PSO received, then look to her solicitor/pension sharing annex/form P1 - have they completed it and returned it to court.If so - contact court - where's my order.
NB Have you got Decree Absolute - no issuing a Pension Sharing Order until.

The scheme gets 4 months to implement AFTER they have all the info they require - eg if there's a choice will she transfer out or stay in - if transfer out: exact destination of her share.
Will their fee for splitting be automatically taken out of each pension as per PSO share%?

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08 Oct 10 #228447 by TBagpuss
Reply from TBagpuss
Was it a Consent Order?

If so, the Pension Sharing Annex is normally completed and sent to the corut with the order, and it is the court which sends it to the pension provider.

The pension sharing annex will say how the costs are to be split but the default is they are payed by the person whose pension it is, unless the order says otherwise.

So I think the device is still to call the pension company and ask them exactly what they need.

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