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DF's ex wants half her pension, any advice?

(14 Posts)
Panadbois Wed 17-Oct-12 20:41:02

After 25yrs of marriage, she walked out over five yrs ago.
during the marriage, she was emotianally and physically abused, raped a couple times too.
He took early retierment about eight yrs ago fro a civil servant job, and they swapped their house for a bungalow, with a morgage.
She continued to work long hours while his drinking and gout got worse.
Then she left him.
For nearly a year, she paid his morgage and rent on her own place( with wages of around £1600 a month).She also cleaned for him once a week and bought him groceries, before wising up.
She had to declare herself bankrupt 4 yrs ago because of this.
So, next month, she's taking early retirement, and will get a lump sum (around thirty grand I think)
Because they have been seperated for five years, she's soing a diy divorce and filled for one last week. Today, she's received a letter from his lawyer saying he want half her pension. Seems so unfair!

Any advice?

Chubfuddler Wed 17-Oct-12 20:44:49

Her pension is a family asset I'm afraid. But then so is his house. It's usual to horse trade on these things - he surrenders his pension rights for a greater proportion of the equity in the house.

I'm afraid the reasons for the spilt have little to do with the financials.

mistlethrush Wed 17-Oct-12 20:46:23

So - she's going to get half his pension is she - and half the house?

Panadbois Wed 17-Oct-12 20:49:32

The bungalow was repossessed when she stopped paying the mortgage.

She's struggling to live as it is and was hoping to find an easy job to tide her over or even buy a business opportunity with the money sad,

RancerDoo Wed 17-Oct-12 20:50:21

She needs to see a lawyer i think.
He presumably has a civil service pension - has tht gone into the pot of family assets too?

Chubfuddler Wed 17-Oct-12 20:50:56

Well she's entitled to half his pension.

Panadbois Wed 17-Oct-12 20:52:03

She hasn't had anything of his and like i said, no bungalow to get half of.

SwedishEdith Wed 17-Oct-12 20:52:37

Can't she counter-claim (not sure of correct phrase) for half of his pension then?

CaseyShraeger Wed 17-Oct-12 20:54:06

She really needs a lawyer. He'll be entitled to half her pension, but she'll be entitked to half his, and there are other assets to consider - she could still come out ahead financially, but she needs someone who knows what they are doing to handle it.

Panadbois Wed 17-Oct-12 20:54:47

I don't know, I suspect he's spent it? I'll ask her anyway.

Chubfuddler Wed 17-Oct-12 20:55:15

Basically a DIY divorce only works if there is agreement about division of assets. Otherwise if its complicated (and pensions are complicated) you need a lawyer.

She's sadly not acted in her own best interests in the past. She can try arguing that the past mortgage payments she made should be offset against his claim on her pension, but really she needs legal advice.

Panadbois Wed 17-Oct-12 21:01:59

Thanks, she's phoning one tomorrow. He received a lump sum of 20,000 which went towards the bungalow, but still receiving a pension.
what a mess what a pig

izzyizin Thu 18-Oct-12 16:01:29

If he's still drinking, tell your df to insure his life in her favour and buy him a crate of Absinthe for Christmas wink

Panadbois Thu 18-Oct-12 17:00:50

I like it!

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