Pension | Mumsnet

Debster61 · 2025-01-24T14:12:50+00:00

Can I ask a question about this topic ?

PokerFriedDips · 24/01/2025 20:33

Debster61 · 24/01/2025 15:17

Do they actually have be divorced before she can claim half of his pension. ?

She is entitled to half of the joint assets. When two people marry their financial positions are united - the fact that she has been dependent on him means this is all the more important. Pension is part of the joint assets but it's not unusual to divide the pot so that one individual keeps all the pension and the other individual gets the equivalent value in property or other assets.

This isn't "going after" it is what he agreed to when he married her.

SoapySponge · 24/01/2025 20:13

ChessieFL · 24/01/2025 15:23

Not true - the whole point of a pension sharing order is that it’s a clean break so if she is awarded part of his pension it would go into an account in her own right which she can then claim when she reaches retirement age and isn’t linked at all to when he takes his benefits.

Show quote history

Sorry, no. Both sorts of order are available.

ByQuaintAzureWasp · 24/01/2025 20:03

Debster61 · 24/01/2025 15:02

my partner has an ex-wife who we have heard can go for half his pension. There are no children involved. She hasn’t worked for over 10 years so he has been supporting her so can she go for half his pension before they are divorced? They have a house together which is up for sale which we know that she is entitled to 50% of.

If they are not divorced she's his wife not ex-wife.

ByQuaintAzureWasp · 24/01/2025 20:00

Debster61 · 24/01/2025 15:02

my partner has an ex-wife who we have heard can go for half his pension. There are no children involved. She hasn’t worked for over 10 years so he has been supporting her so can she go for half his pension before they are divorced? They have a house together which is up for sale which we know that she is entitled to 50% of.

Yes, they need a financial settlement as part of their divorce. The starting point is 50/50 of everything (property/cars/savings/pensions/debts). She may get more/less than 50%.

Has - he needs to.

If he doesn't get a financial settlement she can come back later when his pension is even more.

Calamitousness · 24/01/2025 19:36

@Debster61 she should only be able to claim 50% of his pension for the duration of the marriage. Of course if he has not got a full and final financial separation agreement yet, remember the amount continues to accrue. You can get the financial order agreed prior to divorce to stop further delay and continued accrual.

Original poster

Debster61 · 24/01/2025 19:34

Thank you everyone

OP posts:

Choccyscofffy · 24/01/2025 19:24

Are they divorced or not? The longer he leaves it the more she could be entitled to.

It’s best to do a Financial Settlement at the same time as divorce.

Cyclebabble · 24/01/2025 19:24

There are no hard and fast rules on divorce, but the starting point would be that all of the assets are put into a put and then divided so if the ex has a pension this would also go into the pot. You really need to get good legal advice and you should look to close this down quickly. If he dies it could get very complex indeed.

Motheranddaughter · 24/01/2025 19:21

Debster61 · 24/01/2025 18:55

I don’t want or need anything from him. But I don’t want him to loose everything or most of what he has worked for. She hasn’t worked in the 8 years they were together.

That’s great

StrawberryWater · 24/01/2025 19:20

If your partner wants to protect his pension he needs to divorce.

Anyone I know who's been awarded a proportion of a pension has usually meet a few criteria like being married for more than 10 years and/or the wife has spent most of her working years raising the children of the family.

HellofromJohnCraven · 24/01/2025 19:10

If they were only together for 8 years, it will not be the same issue as of they had spent a life time together. But he needs to get it all addressed in the financial order.

Original poster

Debster61 · 24/01/2025 18:55

I don’t want or need anything from him. But I don’t want him to loose everything or most of what he has worked for. She hasn’t worked in the 8 years they were together.

OP posts:

Motheranddaughter · 24/01/2025 18:41

Debster61 · 24/01/2025 18:04

No they are not divorced yet.

So she is still his wife with lots more rights legally than you have
Get him to a solicitor to get it sorted

Motheranddaughter · 24/01/2025 18:39

How long since they split

graffittimonkey · 24/01/2025 18:22

As part of the divorce process, all assets including homes, cars, savings, pensions etc have to be listed and then the starting point is the assets are split 50/50 after debts are paid off.

What your DP may wish to do is take less from the house equity (assuming there is some) to keep more of his pension, but the best thing to do is speak to a solicitor.

Original poster

Debster61 · 24/01/2025 18:04

No they are not divorced yet.

OP posts:

Motheranddaughter · 24/01/2025 17:14

I am assuming they are not divorced, although you do say ex wife
How lovely by since they split

ChessieFL · 24/01/2025 17:04

VickyEadieofThigh · 24/01/2025 16:08

Depends on the type of pension. My friend's ex had a public service pension which she could not have her share of until he was able to access it (i.e. there was no "pot").

Show quote history

I work in public sector pensions. The only way this is true is if she had an older style earmarking order. As I said pension sharing orders are a clean break so there’s no longer a tie to what the original member is doing.

It is still possible I believe to have an earmarking order but they’re rarely done now because the clean break pension sharing order route is usually better for all parties.

Soontobe60 · 24/01/2025 16:49

Why is he giving her money?

Original poster

Debster61 · 24/01/2025 16:42

No he isn’t claiming yet he is 61

OP posts:

Motheranddaughter · 24/01/2025 16:27

Get it sorted legally asap

VickyEadieofThigh · 24/01/2025 16:08

ChessieFL · 24/01/2025 15:23

Not true - the whole point of a pension sharing order is that it’s a clean break so if she is awarded part of his pension it would go into an account in her own right which she can then claim when she reaches retirement age and isn’t linked at all to when he takes his benefits.

Show quote history

Depends on the type of pension. My friend's ex had a public service pension which she could not have her share of until he was able to access it (i.e. there was no "pot").

SparklyCostumeForTheSlug · 24/01/2025 15:56

JustWalkingTheDogs · 24/01/2025 15:27

If he can't pay her the amount agreed now and isn't of pensionable age, you can agree to take pension credits from that person, which means she'll benefit from his interest etc on the pension

Usually you need to transfer the relevant percentage into your own personal pension scheme (or set one up for that purpose).

OP I'm assuming this is a DC (money purchase) pension rather than defined benefit/final salary, but if it's the latter you should be aware that if your partner dies before divorcing then the ExW may be entitled to a spouse's pension instead of you.

JustWalkingTheDogs · 24/01/2025 15:27

If he can't pay her the amount agreed now and isn't of pensionable age, you can agree to take pension credits from that person, which means she'll benefit from his interest etc on the pension

JustWalkingTheDogs · 24/01/2025 15:26

If a financial order hasn't been agreed and legally signed then pensions are considered marital assets. Normally it's only what's been amassed during the period they have been married. Depends how long they've been married, in some cases if a separation order hasn't been agreed, even the time after they've been separated and even if living with someone else could be taken into consideration