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After Absolute pension sharing

  • Limpy
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13 Dec 21 #518354 by Limpy
Topic started by Limpy
So been climbing out of this hole for nearly 5 years and maybe the final part is coming up, as despite agreeing to her settlement for over a year after the absolute still not complete the financial break !

so the question is despite going on record at the absolute not wanting to share each other pension can she change her mind in the upcoming court sessions?

  • hadenoughnow
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13 Dec 21 #518355 by hadenoughnow
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Are you in the court process for the finances?? If yes, everything has to be declared and the judge will want to see a settlement that's fair to both of you.
Needs will be the first consideration.
As to whether a pension share is a likely outcome, the answer is that it depends on a number of things. The standard approach is to divide pensions to equalise incomes in retirement but there are other ways to deal with them.
You could try to rely on a prior agreement, but unless it was properly drawn up and based on full financial disclosure, it is unlikely to be an argument that will get very far.

Hadenoughnow

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13 Dec 21 #518371 by Limpy
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Thanks for your answer.
Yes going to court for the final financial bits as she won’t do anything and it’s the only way to push this over the finish line

My question was more about the point of the question and statement we had to do verbally at the absolute hearing (Covid) to say we were not doing pension sharing, don’t see the point of doing that.

But unless it was just to keep dragging this out

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14 Dec 21 #518376 by hadenoughnow
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The Decree Absolute ends automatic rights over your partner's pension in the event of their death before a financial settlement is in place.

It is a question to be considered in the event of a contested application for Decree Absolute.

Such a hearing does not go into the financial detail and cannot determine whether a pension share is in fact appropriate.

Hadenoughnow

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14 Dec 21 #518386 by Limpy
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Ok that makes senses, thank you

Having just read their From E I understand the game they have been playing and why they have done nothing.

Started a new job 4 months ago so pension is shown as only that ..... don't think I have any evidence of previous pension so that going to be an interesting question

has put down unknown for pension sharing as will use the value of my pension against me for bigger cash pay out ....... I feel sick

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14 Dec 21 #518387 by hadenoughnow
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You can ask about pensions in the questionnaire. It may help if you kniw tge names of previous employers.

It has been the law for some time that all employees have to be enrolled in a pension scheme unless they actively opt out. You can ask for evidence of the pension or proof of opting out.

Hadenoughnow

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15 Dec 21 #518390 by 2bfreenow
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The standard approach is to divide pensions to equalise incomes in retirement but there are other ways to deal with them.
There is a good link to Pension attachment/Earmarking, Pension Sharing and Pensions offsetting here:https://www.bysemli.com/pension-sharing-complex-pension-attachment-earmarking-pension-sharing-and-pensions-offsetting

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