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  • humprey1
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16 Aug 09 #138927 by humprey1
Topic started by humprey1
If a party is below pensionable age and not able to work on health grounds and receiving a pension what is the liklihood of that pension being included in the pot, when the other party chooses not to work but can work and earn well. How will a court potentially see this?

  • TBagpuss
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18 Aug 09 #139542 by TBagpuss
Reply from TBagpuss
It is likely that the pension in payment would be treated as income, not as a pension pot, and the fiancial settlement considered accordingly.

If thecourt accepts that the other party could work but choses not to, the Judge can take into acount their realistic earning capacity.

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