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Pension after divorce.

(3 Posts)
tigerchilli Thu 13-Jan-11 13:22:02

I'll put this in a numbered format as it's got a tad complex.

1) Separated from husband 2002 whereby he is the petitioner.

2) Consent order issued 2008. It was ruled that the marital home where my husband continues to live be sold and equity divided 50/50. I was awarded 56% of his private pension in addition to my very small NHS pension.

3) The NHS does not do 'pension share' so I'm in the process of setting up a new pension to receive funds from my husband's pension.

4) He drew out £12,000 just before the issue of the consent order and has been drawing on the pension since 2006 so I've lost out there.

5) Decree nisi issued in 2008 and he has not applied for the absolute.

6) I inform my solicitor of this and he says to leave it as it makes setting up a new pension with transfer of monies easier and to apply for absolute after financial settlement.

7) I've just had my financial adviser on the phone who says that my exh's pension will not go ahead until we have the decree absolute.

8) He's going to get in touch with my solicitor to see just what is going on.

I can't cope with much more of this as it has dragged on for almost 9 years. The house has just been put on the market after he was told in May 2008 that the house HAD to be sold to release my money. He works away and just kept doing disappearing acts to Africa etc, not answering correspondence when he was home and failing to leave a mobile no:/ email etc. It got that intolerable that his solicitor told him that if he didn't keep in touch and up to date then she would terminate her work with him.

Sorry for any typos etc but I'm in a newly induced AD head in a bucket of froth head. I'm also unable to work at the mo as my mental health has been severely affected over the past 15 years or so.

Resolution Thu 13-Jan-11 14:05:00

Your IFA is correct. You need the DA and have to serve it on ex's pension company at the same time as the court order. They should backdate it's implimentation to the date of the order, but I think that will be the DA. Check with your solicitor. They should have applied for DA a long time ago for you. If you have lost out (check with your IFA about that) you may want to ask your solicitor what he/she will do about it.

tigerchilli Thu 13-Jan-11 14:16:49

Thanks Resolution. My solicitor informed me that it would be backdated to the order but I'm starting to loose faith now.

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