Husband pushing for divorce via clean separation agreement

[Hancow]

Hi
My husband and I have been separated for 2.5 years now, living apart. The family house has been sold and the value divided 50:50.
He is now pushing for a clean separation agreement as he says he can't move on financially whilst we are still married, he wants to buy a house and invest in his business (which he resigned me from without my say so). I'm happy to move on but told him I was entitled to half his pension (a considerable amount) at which point he's got a bit nasty. He says I'm not entitled to any of it and asks why I would waste money going down that route.

Please can anyone tell me if o am able to claim some of his pension, and how do I go about doing this.

Many thanks

[Penfold007]

You need to see a lawyer ASAP

[ImperialBlether]

You need legal advice. His pension is an asset, so yes, you'd be entitled to something from it. I would think it would depend on how long you were married. When I divorced I got more than 50:50 and he kept his pension. Do you have children together? If so, 50:50 was an unwise move on your part, I'm afraid.

[Hancow]

We have been married 14 years and have two children 8 & 12

[Phillipa12]

Married 9 years, 3dc under 8 and i got 55% equity and 50% of his pension. (Sahm with no pension).

[PragmaticWench]

You really need to see a decent lawyer, it'll be worth the cost in the long run.

[meditrina]

You should receive a share of his pension, but it might not be half.

You need to see a solicitor for advice that fits your circumstances, but one common way of looking at it is that there would be a 50/50 split based on the contributions made during the years of the marriage, adjusted in light of what pension you have and your current age (likelihood of being able build up your own pension in the remaining years to your retirement)

[Hancow]

Thank you for all your replies. Looks like I need to contact a solicitor otherwise I'm going to get walked all over :(

[jacketej]

My husband was with ex 8 years married for 2 years she got 10k out of his pension. They took the cash equivalent transfer value of it at the time of seperation (not divorce), the value was about 70k at the time and she got 10k. He went for a clean break as this is better for all parties as you have no financial ties anymore.
So married 14 years you will deffo be entitled to a lot of it! www.pensionwise.gov.uk/en/divorce

[millymollymoomoo]

You definitely need to see a solicitor. You are not automatically entitled to 50% of assets. You are entitled to a 'fair share'. That could be more or less then 50% of total. eg you might be awarded 100% share of equity but 0% pension, or 60:40 on all , or any number of scenarios. Also remember cash now is worth more than cash in future - eg a pension pot of £500k (as example) does not mean you would be entitled to £250k. They would look at cash equivalent values to determine the value of pension.

Solicitors and courts also look at potential earning capacity in the future of both parties and where possible will look to achieve a clean break where possible. You need a financial consent order for sure