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Pension during divorce

(15 Posts)
DLM1983 Thu 11-Feb-21 13:29:56

Hi. My partner started paying into a pension in 2014. He split up from his ex in 2016 and the divorce has just been filed. A solicitor has advised him that his ex will only be entitled to the pension between 2014-2016 when they separated. Is this correct?
She also said that because the pension is only worth 22k and the fact that there will be a fee to pay to arrange pension sharing that it really wouldn't be worth going to court for.

OP’s posts: |
BillieSpain Thu 11-Feb-21 13:34:00

2 years of pension? No, I don't know, but i doubt she'll get anything. Not worth it.

My STBXH says I'll get nothing and we've been married for 17 years and he's had the pension the whole time.

I hope someone who knows their stuff comes along and can help you more.

Collaborate Thu 11-Feb-21 15:37:31

Pension earned £22k over 6-7 years, 2 of those years during the marriage. Assuming it's not a needs case then not worth claiming against.

A 17 year pension should be worth it, but again, depends on its value.

DLM1983 Thu 11-Feb-21 16:19:41

What is a 'needs case?'

OP’s posts: |
Collaborate Thu 11-Feb-21 16:28:56

Division of capital based on entitlement will start off 50/50 then adjust for pre- and post-marital contributions.

Needs is a factor the court takes in to account, so if needs is relevant that might cause there to be a further adjustment. The extent to which one spouse can look to the other to have their needs met will depend on a number of factors.

DLM1983 Thu 11-Feb-21 21:30:35

Bump

OP’s posts: |
Familylawsolicitor Sat 13-Feb-21 06:34:50

Why are you bumping? You’ve had real life legal advice (not sure why you doubt it) and collaborate who is a lawyer has also agreed. I also agree. Assume the £22k is current value so the 2 years over the marriage is a proportion of that and your H is not at retirement age. As with all legal advice it will depend on all the circs but no it doesn’t seem worth sharing on its own, it might get offset against other assets that are being divided but a £1 of pension is not the same as a £1 of cash as it usually can’t be taken now and would have tax payable on lump sum drawdown.

DLM1983 Sat 13-Feb-21 07:53:47

Sorry, new to the site. I also didn't realise that the other comment was from a lawyer...apologies. BTW there aren't any assets, property etc. Thanks for everyone's comments.

OP’s posts: |
DLM1983 Sun 14-Feb-21 18:52:31

So, from what is understood, it wouldn't be worth going to court over although if she gets legal aid then she might think it's worth it. Would it be fair to offer 50% as of the value of the 2 years they were still together as a cash sum to avoid court process?

OP’s posts: |
DLM1983 Sun 14-Feb-21 18:53:50

Although £1 of pension is not the same as £1 in cash so not sure how that would change the offer??

OP’s posts: |
Soontobe60 Sun 14-Feb-21 19:10:17

I believe you can only get legal aid in the case of divorce if there’s proof of DV. Is this the case?

DrCoconut Sun 14-Feb-21 19:16:08

You can opt not to touch each other's pensions during a divorce if it works out better that way. It's what me and my ex did. So if the cost in money or bad feeling isn't worth it for example.

DLM1983 Sun 14-Feb-21 19:53:05

@soontobe60 There is no history of DV. She got help with the divorce application fee. Is this different to the fee to apply for financial orders etc or solicitor fees then?

OP’s posts: |
DLM1983 Sun 14-Feb-21 19:54:05

@DrCoconut She doesn't have a pension. Thare are no assets other than his pension, no savings etc.

OP’s posts: |
Soontobe60 Mon 15-Feb-21 16:27:08

www.moneyadviceservice.org.uk/en/articles/how-to-pay-legal-fees-on-divorce-or-dissolution

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