Do I Have A Right To Her Pension?

Hi,

I'm about to go through a draft settlement agreement with my ex. I started the ball rolling and she took the draft to her brief. She has come back asking for details of my pension as she says she is entitled to make a claim against it but would be content to sign away any rights to it if we can agree a reduced % of the property value.

I know this is the case as I've had legal guidance through work who also told me that I could claim against her or agree to not to if she doesn't pursue mine. The reason I'm throwing this out onto the forum is the advisor I spoke to wasn't able to go into detail. Does anyone else have experience of this. We are both working full time on the same salary +/- £1k and have two pre-teen children. Advice greatly appreciated as I meeting her Monday morning.

Both of you have a right to make a claim ; but claiming is one thing and getting it is another. Somestimes, as you have now found out, a claim or the possibility of it can be used as a bargaining chip, usually to get a greater share of the house.

But if the pension rights of the spouses are broadly similar then it seems more sensible to make no pension split and leave matters where they are,

I don't advise on pensions as I am not a licensed IFA and in many cases specialised advice is necessary.

LMM

Hi Patrick

You have a claim on each others for the duration of the marriage. That is one of the reasons the date of separation is important.

If pensions are similar keeping your own would be the simple way to take things forward.

True value of pension can only be worked out by an Actuary - they cost between £300 and £500.

Dont be too quick to agree to anything. Hope you manage to work things out.
Poppy

Poppy 46 wrote:

Hi Patrick

You have a claim on each others for the duration of the marriage. That is one of the reasons the date of separation is important.

This applies only to Scots family law

The advice Poppy gives applies in Scotland where the law is different and date of separation is indeed important. In England and Wales, the pension forms part of the marital pot even if it was accrued pre marriage. How the pot is divided depends on a range of factors - look at section 25 of the 1973 Matrimonial Causes Act - including the length of marriage, what the marital assets are and the needs of the parties with the PWC taking priority where there are children - although this can in practice mean that the share of say the marital home is deferred to a future date.

You cannot agree a settlement without being in possession of the financial facts so you should each supply a CETV for your pensions. IT may well be that the best option is to agree to leave pensions out of the equation but you cannot know that until you know what you are dealing with.

Hadenoughnow

OOp's sorry Patrick.

Poppy

Thanks gang, we agreed not to go for pensions. I didn't sign anything and will keep you in the loop.