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AIBU?

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AIBU to want half of the pension after divorce?

234 replies

DivorcingDebbie25 · Yesterday 21:46

Trying to avoid drip feed. Am sixty. Married 40 years. Kids are 40/38. I’ve never really worked. Husband had corporate career. I have been waiting for him to retire for years but it’s become clear that will never happen. He is rarely at home, constantly doing adventure stuff or pursuing his hobby. I’ve given up waiting and I want a divorce. He’s not fought me on it and clearly we are just done. I’ve moved out into rented and he’s paying my rent and expenses- clearing credit card etc.

We are reasonably civil but he says asking for half is ridiculous. He says that the only real assets are his massive pension fund, my smaller one and our house which we will sell. I think he should give me half the value of the pension fund but he says that’s not possible. He says half the house and then we combine the value of the pensions and I get the equivalent of half the income from it. Surely I can just ask for the value and then do what I want with it? It feels very controlling.

I will of course get a lawyer but wanted to check if I’m being unreasonable in asking for my half? What about future income / inheritance etc? Once I’m divorced do I lose all claim on that even though I’ve supported him to earn this money and to see the return on investments that won’t come through for a few years?

OP posts:
socialdilemmawhattodo · Yesterday 23:25

76evie · Yesterday 23:17

Ignore the posters calling you greedy etc. They obviously don’t realise some husbands don’t want their wives work, even after the children are grown up and have moved out. Some like the status of it, some like the wife being available to do everything at home and run their errands etc. If it suited you both, I don’t see the issue.

I would seek legal advice to clarify what you are entitled to but it would usually be half of everything, well usually start at 50/50 and then negotiate from there. That’s 50 % of the house, pension, investments, savings etc. Works both ways, he will be entitled to half your pension too. If it is small he may chhose to leave it. It is not unheard of for a spouse to have walked away with a bigger share of 50% of the house if their individual financial needs require a larger share to secure adequate housing, which could well apply in your case as you have no income and your earning capacity has been permanently reduced when you gave up a career to raise your children.

With regards to pension, usually half his pot would be taken and put in a pension for yourself, to pay an income to you at retirement age. He may choose to make you a cash offer instead of splitting his pension pot but the cash offer will not be 50% of his pension pot value.

I cant read the whole thread but just coming on to say similar. All assets will be split at least 50:50. Not greedy. Who are these silly people? Joint decision, but court stance will be 50:50 unless exceptional circumstance. So yes for pensions that will be a share, transferred across, and then you invest as you see appropriate within a pension scheme. But you sound old enough to be able to start to access pension funds.

walrushurricane · Yesterday 23:25

Dunnocantthinkofone · Yesterday 23:11

Do courts take into account a choice not to work post childcare years and thus choosing to make yourself less financially independent? Genuine question.

No, why would they? If she got pregnant at 20 that would have prevented a good education or career. She would never have caught up if starting a job in her 40s after the children left hone. At 60 there is very little chance of a job.

OP i would get your share of his pension transferred or see if you can offset it for the house.

fuschiaproudparrot · Yesterday 23:25

Heronwatcher · Yesterday 23:12

His pension might be “worth” £1 million but I suspect that’s a calculation of how much he’ll receive over time. It’s not what he has in the bank so he can’t give you half today.

I would suspect that the best thing to do
might be to work out how much your own pension will pay out, then work out the difference in his, and ask for a higher proportion of the house or other “liquid”
assets to make it fair. Then make sure you buy a place you can afford long term. In most areas of London you can buy somewhere decent for 400-500k if it’s just for you and maybe a guest. But you may have to consider moving to a slightly different area.

If though you’re wanting to make a new start a small interesting job might be a good thing longer term. My job keeps my brain going, I meet younger people who I find interesting and I can go on holiday with the money I earn ✅

You're just guessing here. His pension CETV may well be that or more. It wouldn't be unusual at that age with a good job. They need to get current values. It all gets written down on Form E 🤷‍♀️ side by side - all her pensions , all his , all the assets . Yes she MAY decide to negotiate to take more equity than pension something I was advised against.

Daftapath · Yesterday 23:26

YANBU OP.

You also need to consider savings and investments in the marital pot, as well as the value of his company if he has one.

If his pension is worth millions, it is likely that you/he has considerable savings too.

You could negotiate to take more equity from the house sale but that would have to be offset by a smaller share in pension and leave you with a smaller income in the future.

Are savings/investments in joint names as far as you are aware, op?

You really do need advice from a solicitor!

Seajaye · Yesterday 23:26

Pension funds have massive tax rules, implications if you are expecting him to cash in half of his.pot and give you a lump sum on top of half the house.. Half the value of the house house and half the jointly added pension Income sounds like a very fair clean break split.

Hopefully you will be able to buy a modest property with your half and get a job to provide you with income to live on until you reach retirement age, reasonably safe in the knowledge that you will have a half decent private pension pot waiting for you, to which you can continue to add to from your income if you wish.

Supporting2026 · Yesterday 23:26

You need to get proper legal advice - but at your age you probably do want to get half the pension as a "pension". You will be able to draw on it fairly soon. He doesn't get to keep it and dole out money - it gets transferred to you. I would do some proper analysis of his assets though as if he was such a high earner it seems weird that the house or other assets aren't larger. I would expect him to have savings and investment accounts that are material as well.

fuschiaproudparrot · Yesterday 23:28

Smallestshadow · Yesterday 23:23

Wouldn’t it be easier (and cheaper) at this point in your life to just stay together on paper but live separate lives? You say you’re lonely but you could build a social life/life of your own while still married and it would avoid all the upheaval/legal bills? I can’t really see what you’d gain by bothering to divorce.

Why would you do that ? Either of them may meet a new person and go on to have a happier life? At least she will know she has secured her share. She could hope he croaks it though and she gets it all. 🤷‍♀️

walrushurricane · Yesterday 23:29

Seajaye · Yesterday 23:26

Pension funds have massive tax rules, implications if you are expecting him to cash in half of his.pot and give you a lump sum on top of half the house.. Half the value of the house house and half the jointly added pension Income sounds like a very fair clean break split.

Hopefully you will be able to buy a modest property with your half and get a job to provide you with income to live on until you reach retirement age, reasonably safe in the knowledge that you will have a half decent private pension pot waiting for you, to which you can continue to add to from your income if you wish.

There is very little chance a 60 year old who hasn't worked will be able to get a job. It's hard enough for those of us who have got plenty of work experience.

likelysuspect · Yesterday 23:29

DivorcingDebbie25 · Yesterday 22:15

Thanks to those being helpful. I don’t know the exact value of the pension. Our house is maybe 800k. London so hard to buy even a one bedroom flat locally with half once you pay stamp duty etc

You think you cant buy a 1 bed flat for 400k, is this a joke?

I live in the south east, sitting in my poverty stricken 3 bed semi worth about 280k.

Move, rent, move out to horror of horrors - zone 4.

You should have worked from when the kids left education, which is decades ago, it doesnt take a SAHM to manage a house once the kids are teens even if that was your set up. You should be working now

You say he has been paying into a pension for you, which I will wonder whether will affect what you get of his pension, as technically he has already provided for you.

fuschiaproudparrot · Yesterday 23:29

likelysuspect · Yesterday 23:14

How much is the house worth, you may have to rent, no one says you have to buy

He is correct, it would be half the income resulting from the pension, not half the pension 'fund' as a stock figure.

This is incorrect.

cattussuperior · Yesterday 23:33

Minasama · Yesterday 22:10

It was much more common for women in their late 50s and 60s to stop working to look after the children & run the house than it is now. I don’t think the law necessarily looks at what might be “fair”, it looks after women who are in this situation after fulfilling the expectations of society 30 years ago.

Whaaaaat? I’m in my 60s and it was very normal to return to work. In fact considering me and my friends were having babies in the 1990s when mortgages were sky high, it was damn near impossible to live on one income. Not to mention the fact that, you know, women are actually just as capable as men are at working.

im wondering what the hell the OP has been doing with her life…

fuschiaproudparrot · Yesterday 23:34

People keep on saying the wrong things over and over . Form E has two sides - one will be hers and the other his. Each person fills in their side and you can see then what the total assets are . You don't get penalised for staying at home, having an affair , not having sex. It is all about providing an equitable situation going forward .

https://divorce.wikivorce.com/library/divorce-finances/form-e.html

{title}

 An in depth guide on how to fill out form E, written by Wikivorce.

https://divorce.wikivorce.com/library/divorce-finances/form-e.html

Anyahyacinth · Yesterday 23:34

watchingthishtread · Yesterday 22:19

Telling you to get a job now isn't particularly helpful. Jobs for 60 year olds with no experience are not easy to come by and won't pay enough to change much. The unpaid work of stay at home parents allows the other spouse the freedom to excel in their career. The proceeds of that are the result of a joint effort.

You need legal advice asap.

…..and legal precedent has more than confirmed that in leading cases.

The posts on here are sheer retro misogyny about childcare, running a home having no value or contribution

likelysuspect · Yesterday 23:34

fuschiaproudparrot · Yesterday 23:29

This is incorrect.

Its not incorrect, he cant just give her a cash amount now, it would be a percentage of his pension income. Although Ive just spotted that her pension is actually being paid into by him so I wonder if that will affect the percentage issued to her overall.

likelysuspect · Yesterday 23:37

Anyahyacinth · Yesterday 23:34

…..and legal precedent has more than confirmed that in leading cases.

The posts on here are sheer retro misogyny about childcare, running a home having no value or contribution

No one has said it has no value, but its a nonsense that the only reason someone like this bloke has done well at a job is because he has wifey not working. What difference do you think it would have made to his career if she was working also?

MachineBee · Yesterday 23:37

I divorced my ExH in my 40s and got a pension sharing order that gave me 40% of his public sector pension when I turned 60. I had been a SAHM for 12 years when I had children and hadn’t been able to grow much of my own pension at the point of the divorce, even though I was by then in FT employment.

It was a good thing this was in place as my ExH died before I reached 60. His new wife got the pension he had been left with after the sharing order was agreed. I now receive my share of his pension and it allowed me to retire before state pension age. My ExH had grumbled about it but I did it to secure my retirement and to avoid becoming a financial burden on my DCs.

Anyahyacinth · Yesterday 23:39

Dunnocantthinkofone · Yesterday 23:11

Do courts take into account a choice not to work post childcare years and thus choosing to make yourself less financially independent? Genuine question.

They take into account the agreement between the people in the relationship

B9waiting · Yesterday 23:39

Lastpushtothesummit · Yesterday 22:52

Ignore all these spiteful, jealous comments OP.
You are entitled to 50% of all assets so just see a solicitor and get the ball rolling

Agreed!

timestressed · Yesterday 23:40

Don't listen to those who judge your morality for not working.
Book yourself an appointment with a solicitor and bring all your questions up there.
You are entitled to half of all martial assets. At the age of 67 you will get some state pension. Log in to your account to check how much.
Meanwhile look for a place to buy, you can get a 1 bed in zone 3 for under 400k. Ex will need to disclose pension details and that will be split up.
Selling house will take time, so will sorting out your finances. Meanwhile think of applying for jobs.

Fifthtimelucky · Yesterday 23:40

CherryKerry · Yesterday 22:13

Really? People in their 50s now didn't stop working. I don't know anyone in their 50s or 60s who permanently retired when they gave birth.

Nor do I. I’m 65 and went back to work (admittedly only 3 days a week) when my first child was 5 months old and then had 2 years off after my second child was born. All my contemporaries did similar. Not a single one of us stopped work altogether.

Even many of my mother’s generation (born 100 years ago) returned to work after having children!

Mummyoflittledragon · Yesterday 23:40

DivorcingDebbie25 · Yesterday 22:26

I have a private pension because he paid into it, to give me my own income in retirement. His is far bigger though, several million I think.

If his pension is several million, you may be able to get a mortgage to fill the gap. Otherwise take more equity and less mortgage. You need to see a solicitor and get some solid advice. You’re worrying over nothing. Financially you’ll be fine.

fuschiaproudparrot · Yesterday 23:41

Dunnocantthinkofone · Yesterday 23:11

Do courts take into account a choice not to work post childcare years and thus choosing to make yourself less financially independent? Genuine question.

No

walrushurricane · Yesterday 23:41

likelysuspect · Yesterday 23:34

Its not incorrect, he cant just give her a cash amount now, it would be a percentage of his pension income. Although Ive just spotted that her pension is actually being paid into by him so I wonder if that will affect the percentage issued to her overall.

He can give a cash amount if he has savings or more equity in the house

straighttalker99 · Yesterday 23:42

Get some self respect. You give women a bad name.

ILoveListeningToRainAtNight · Yesterday 23:42

YANBU. You both made decisions together about how your marriage would be structured. You've supported him in his career, raised his children. You both agreed together for it to be this way and you accepted it on the understanding you were together for life. Maybe naive, but it's what happened. For a marriage of such long duration where you've built everything together from the start, 50/50 is reasonable. He can't leave you high and dry now when he was part of the decisions.