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Legal matters

Can H (retired) pay me a voluntary income (as in spousal maintenance) from his pension?

2 replies

Antoniabegonia · 28/09/2014 15:05

I've also retired and we are divorcing. Pension sharing seems such an expensive option for the relatively small sum of money that I would receive and may be taken away in administrative costs.

H has offered to pay me this difference voluntarily by standing order, written into the consent order to go to court, so he couldn't opt out unless his finances changed drastically or I remarried etc.

The house is 50/50 and no claim on the others savings or assets already agreed. We want just to agree on things before getting the Order drafted. Is this a possibility?

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LIZS · 28/09/2014 17:05

There is more than one way to divide a pension, you can take a share of the payout or a share of the fund and each have a pension calculated separately based on life expectancy etc whch would impact on the overall amount paid out monthly. Either way you want it documented, have you taken legal advice ?

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Antoniabegonia · 28/09/2014 18:59

H spoke to a solicitor who said it may not be worth pension sharing as the amount is so small (difference of pension) that it would cost more to administer, but H didn't have all the financial info to hand and has now realised it could be £100 a month rather than £20 which isn't a lot but would help me with the bills.

I will see a solicitor when the nisi comes through with all the pension information to see if it's worth pension sharing. Just thought it might be easier if H paid the difference as spousal maintenance to keep us on an even footing. We will also contact the pension companies to see about charges and the CETV (?) which we will need.

Thanks.

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