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Armed Forces Pension Scheme - Divorce

  • terryst
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16 Nov 10 #235113 by terryst
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I am currently applying for a divorce after 2 years of separation. We had a 23 year marriage and have 2 grown up children. My wife and I have done everything so far by ourselves and do not intend to pay out thousands on solicitors fees. I have a forces pension and we have agreed between ourselves that I will hand over half the monthly net amount to my wife. She has now taken up residence with a new partner and I am trying to find out whether or not this would normally mean that she is mo longer legally entitled to any of my pension. My second question is, how long would my wife normally receive a cut of my pension? Would this normally be paid to her forever?
Many Thanks

  • gettingoverit
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16 Nov 10 #235116 by gettingoverit
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I look forward to reading a reply to this similar situation for me

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16 Nov 10 #235118 by dukey
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After a 23 year marriage all assets will be considered joint assets including your pension, the starting point for asset division would be half each then other factors are considered such as income and age ect.

The pension would be split % wise and a pension annex completed which quite literally gives your wife a chunk of your pension which is for life.

Post separation can effect spousal maintenance but not a pension share.

I can understand you not wanting to spend money on solicitors but it is very important any agreement you both make is written as a Consent Order to prevent any future claims.

For example you pay your ex 50k and a pension share and your ex`s new bloke runs off after wasting most of the lump sum, with no court aproved consent order your wife has the right to ask court for a second bite of your new cherry.

If you do nothing else make sure you have a consent order if only for the piece of mind.

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16 Nov 10 #235122 by gettingoverit
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My husband said instead of making a claim on his 26 year pension to which he receives a monthly amount now, he said he would give me 80/20 equity in the FMH I was willing to accept that until I found out how much a military pension is. I'm not greedy but already my childrens lifestyle as changed dramatically and if I can raise them at the standard of living they had before this mess then I will go for what I am entitled to. BTW I have increased my hours at work and taken on a second job myself. STBX has moved in with OW and has no contact with kids. If I earnt enough to just move on without his pension I would.

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16 Nov 10 #235126 by asram
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terry

Is the pension already in payment or to put it another way are you still in the Army?

Asram

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16 Nov 10 #235132 by terryst
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Yes, I am already receiving my pension as I served for 22 years, no longer serving.

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16 Nov 10 #235189 by asram
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terry

If a Pension Share order had been put in place then your ex would recieve the her part of the pension in her own right at 55.

She has now taken up residence with a new partner and I am trying to find out whether or not this would normally mean that she is mo longer legally entitled to any of my pension.


If a pension share order was in place then legally it wouldnt make any difference if she was living or married to a new partner.

how long would my wife normally receive a cut of my pension?


It would be her pension and would be for life.

However, as there is no pension share order in place I can only assume that you will make the right decision.

Asram

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