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Do I get some of dh pension ?

(14 Posts)
ginorwine Sat 04-Feb-17 17:47:20

When had dc had 5 years off work with our children who were 2 under two years old . Made sense . I then went back to work around school hours part time and dh worked full time .
My pension will be 3k. His will be 20 k .
I will only have state pension and 3 k and tho I am in my fifties my work life has been affected in that I have given up a prof job due to stress and am now on a minimum wage job . I may not be able to continue for years and years due to a knee issue .
The significant question is will be entitled to some of dp pension ? I need to be sure . I have put 35 k into the mortgage from an inheritance .
The most important thing is the pension as that would be regular income .
( house is worth 250k - moving selling cost ) we could both buy a two up two down terrace and I need to know how I cd afford to eat , heat , live etc .
Is some pension guaranteed or worst case senario could it be that I don't get any ????? Thankyou .

ImperialBlether Sat 04-Feb-17 17:49:40

The pensions are marital assets so yes, they would be thrown into the mix along with the house. You must make sure you tell your solicitor that you put your inheritance into his pension.

ginorwine Sat 04-Feb-17 17:54:04

I didn't put it in pension - but put it in the mortgage to bring it down ... but still contributed in another way so thankyou ...

ginorwine Sat 04-Feb-17 17:55:15

I feel worried
I'm thinking if he paid it - why wd I get some ? It's just all v new and wrapped in fear in think .

ImperialBlether Sat 04-Feb-17 18:02:48

Please don't worry. It's a completely normal thing to take into account when splitting assets. When I got divorced I got the equity in the house in exchange for keeping our own pensions. That was called a clean break, so he wouldn't owe me something in the future. However you are older now than I was then, so I'm sure it'll be different.

ShyOyster Sat 04-Feb-17 18:03:17

In general, pensions are treated as a marital asset. As pp said, it is extremely likely that you will be entitled to some of his pension. Also make sure that your solicitor is aware that you were a SAHM for 5 years, this may affect the % of his pension you get.

ginorwine Sat 04-Feb-17 18:03:43

Thankyou for your kind reassurance imperial .

ginorwine Sat 04-Feb-17 18:07:13

Well I do agree that me taking on all childcare as well as after school care due to work that fitted into school hours limited my earning power and ability to build a pension . I do think it's fair it's just fear .
I have 10 k left of the inheritance and want to buy a camper van but I guess it's only fair that I anticipate giving him half of that as that too is an asset .

ImperialBlether Sat 04-Feb-17 18:16:45

Yes, be fair and don't spend any large sums while all this is going on. You don't want to be questioned on anything like that.

It's always frightening, but try not to worry too much and get yourself a solicitor to help deal with everything. That money usually comes out of the joint assets.

ginorwine Sat 04-Feb-17 19:59:08

Thanks both .

greenfolder Sat 04-Feb-17 20:05:46

Yes you will. Each pension should have a valuation and the intention is to make you equal. My friend for example had a dh who had a raf pension. When that was valued it was equal to the equity in the house so she kept the house and him the pension. Nearer retirement and frequently its a percentage of the pension that just gets paid to the ex spouse.

ginorwine Sat 04-Feb-17 20:10:44

Thanks green
We wd need to sell the house I think as we wd both need a small terrace each .
But having an income from the pensions wd make it possible to live - otherwise I wd have insufficient funds for the basics .
So that is greatly reassuring - thanks .

Familylawsolicitor Sat 04-Feb-17 20:15:46

www.judiciary.gov.uk/wp-content/uploads/2016/04/fjc-financial-needs-april-16-final.pdf

Page 42 onwards re pensions
Also look at the case examples p48 onwards

ginorwine Sat 04-Feb-17 20:29:29

Thanks family -
That's great .

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