Would husband be entitled to my ill health pension?

[fassbender]

I'm in a situation that is really messed up. Long story short, considering breaking up with my husband but I am no longer working due to me having a long term degenerative condition. I have applied for my ill health NHS pension and am still waiting to hear. I have just turned 40 and husband is 42. I have had to leave a well paid skilled job due to my health. Husband is self employed, rubbish with money/has no savings or pension. I have minimal savings (like £1000) due to paying for some work on our house recently. I was main breadwinner until I stopped work.

I am so worried about the financial implications if we separate- could he really take half of my pension when it is all I have to live on? It looks like it would only be about £10000 a year in total. Thanks for any advice.

[wobytide]

You don't mention children but given his age I'll assume he'll be expected to stand on his own two feet rather than you sacrificing your only income. Probably depends on what assets are available for you both also

[fassbender]

Thank you for your response. Yes, we have 2 kids, 10 and 8 years old. We have a mortgaged house, we still owe the half its value. I worry as I wouldn't get a new mortgage due to my lack of income apart from my pension.

[wobytide]

Kids change it an awful lot but still not enough details. Whoever is primary career of the kids will need whatever income they can get. As you can't fashion income from nowhere it's unlikely they can take what you have whereas at least your ex has potential even if he isn't realising it. Whatever you do you should write down the details of everything and get some advice from a solicitor or CaB or wikivorce soonish

[pinkhorse]

Who would have main custody of the children?

[fassbender]

Thank you, I'm unsure as yet. I like to think it would be 50/50 because the reality is I would struggle health wise doing it all on my own :( I guess it is a case of finding out what kind of help might be available to me as a single parent with an illness. Thanks for all the replies.

[pinkhorse]

If you're having the children 50:50 then I think they would split the assets to ensure both parents can provide a house for the children. If he doesn't have any money then he won't be able to feed, clothe and house the children so they would split your pension to cover this.

[m0vinf0rward]

All pensions are seen as joint assets so in theory he could make a claim on your pension. Doesn't yif you earned that before you married, it's still a joint asset. If he hasn't saved then it's likely be can claim. This si the very reason why I won't marry, I will not let someone else's financial incompitance effect my future.

[RB68]

The starting point for financial assets is 50% HOWEVER the court will also take into account future earning potential so if you are not able to work and or are registered disabled (this could make a big difference if you get registered/blue badge etc and are signed off from work via Dr) this will likely mean they will not distribute your pension given he has means to continue earning albeit no pension himself. So no one can really answer this - you need proper legal advice. If he does get 50% if you are disabled etc then he might also still have to keep you with spousal maintenance so he may trade etc. This is why these things often go to court for sorting out