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Start using Mumsnet PremiumPension during divorce
(15 Posts)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.
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.
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.
What is a 'needs case?'
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.
Bump
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.
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.
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?
Although £1 of pension is not the same as £1 in cash so not sure how that would change the offer??
I believe you can only get legal aid in the case of divorce if there’s proof of DV. Is this the case?
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.
@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?
@DrCoconut She doesn't have a pension. Thare are no assets other than his pension, no savings etc.
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