Hello All
Can anyone advise me on the, if any, entitlement I have to my wifes pension?
We lived together for 13 years of which 7 was in marriage.
We are not yet divorced as my wife is claiming she can not afford the application to the court although it was her that filed for divorce.
Anyhow.....I have 3 very small pensions contributed to whilst working for companies that I no longer work / contribute to. My wife has a 19 year NHS pension that for 13 years she contributed to whilst with me.
Any advice people?
Matt
It's entirely possible - I would seriously look at getting some professional legal advice (you may get an initial free consultation), I think it could save you a lot in the long run, just to have that advice, and then see if you can come to an amicable arrangement with your ex to save on further legal fees.
Hello All
Can anyone advise me on the, if any, entitlement I have to my wifes pension?
We lived together for 13 years of which 7 was in marriage.
We are not yet divorced as my wife is claiming she can not afford the application to the court although it was her that filed for divorce.Anyhow.....I have 3 very small pensions contributed to whilst working for companies that I no longer work / contribute to. My wife has a 19 year NHS pension that for 13 years she contributed to whilst with me.
Any advice people?
Matt
Hi
Generally, a "full, frank and honest" financial disclosure is expected - and this includes both parties future earning capacity, any pensions, savings, and income needs.
Being "entitled to" is a strong phrase - and one none of us here can confirm because we do not have the full facts (and neither should you post the full facts!)
In general - one should always seek advice of a "qualified non-anonymous legal professional" who can look at all of the facts, when it comes to financial matters and especially so for divorce. Each case will depend on its merits - and on so many other factors. But, yes - pensions (on both sides) are "usually" taken into account - although it is not possible to say that you are "entitled" to half.
A good guide is here
https://www.judiciary.gov.uk/wp-content/uploads/2016/04/fjc-financial-needs-april-16-final.pdf
Hi There,
.
I mirror what has been said above and you do need to take some advice, that said some solicitors will see pound signs and tell you that you are in fact entitles to a 50/50% share of her pension, and my understanding is that legally yes you are, and she is also entitled to 50% share of yours.
.
You have to be sensible though, the cost of fighting to gain 50% of a pension could easily out weigh what you would gain, so think about this carefully, through your divorce, you will both have to complete financial disclosure where all assets income/out goings are listed when you are emotionally involved it is very easy to get the blinkers on and think "I'm entitled/deserve XYZ so I am going to fight for it" but this isn't always the best way, if you can take a step back look at what you stand to gain against what it may cost you.
.
Really what I'm saying is whether you are entitled to 50% of the pension or not, you have to decide whether it is worth going after it, or whether asking and accepting a lesser percentage would be better or to not go after any of it and save the money and stress that it will bring.
.
None of us are legally trained and we only speak from our experience so your first action needs to be getting legal advice.
.
GTTS