MOD Pensions

My ex and I are in the process of divorcing and have spent a great deal of time trying to agree a pension split of his forces pension. There are no other assets to consider and we have just about come to an agreement on a percentage split with a view to having a Consent Order drawn up and a Clean Break. He has just accepted another job, however, and will probably leave the forces early next year. What are the implications of this, particularly if we have not got the divorce and consent order through by then? He is entitled to an immediate pension and will receive his pension and lump sum on leaving the forces. I am worried because I believe a pension in payment is treated differently. Would I still be able to have a pension share?

When it came. To my ex looking at my pensions I found out that if she had a share of it I would have lost half of my immediate pensions which would effect her cm. Even with this in mind I am happy that I kept my pension as I like the idea of being poor now but better off in retirement. For me it was all about priority ex was only interested in short term gain of money and house. Am so much happier with my outcome

Pensions in payment are often treated differently by the courts, as they then become income not a pension fund.

It is usually still possible to split a pension which is in payment but this usually attracts higher charges and calculating the % becomes more complicated.

You would need to recalculate the figures and to consider whether you should also receive a share of the lump sum when this is paid (as that will have reduced the total fund available to split)

Thanks for the replies. Children are grown up and we both earn a reasonable salary so there are no maintenance issues to consider. Does anyone know if it is possible to get the MOD to delay paying out the pension if there are divorce proceedings underway, in order for a pension sharing order to be put in place before the pension is paid out?

Hi Penny

The link below is a booklent issued by the MOD on Pension Sharing on Divorce. There is a small section (very small) on Pensions in payment.

www.mod.uk/NR/rdonlyres/6C4B1F06-491A-4F...tissuedApril2010.pdf

When it was clear that my ex was determined to divorce as quickly as possible I was advised to start AR proceedings in order to protect my rights regarding his pension. It may be that this is the route that you have to go.
However, as your stbx is still in the forces and your divorce has yet to come through it may be that you need to set the wheels in motion.He needs to apply for a CETV from Glasgow and take things from there.

It may be that if you already havent got one you should see a solicitor.

Hope this helps

Asram