Pensions as part of divorce settlement

[sallyslapcabbage]

I'm posting this on behalf of a friend so apologies if I don't have the full facts.

Long marriage and no children (she had a child from a previous relationship but she's an adult now).

He's been having an affair for years and torturing friend whether he will/won't stay with her - hence she's pretty exhausted by now.

Finally made the decision to divorce but my friend is desperate to hold onto the family home and trade it off against his generous pension - does she stand any chance based on the following figures:

He will shortly be 55 and works in the public sector (final salary pension with mental health officer status). Hence he can retire at 55 if he wishes or carry on working and still take a lump sum.

His currenty salary is £30k.
At 55, he can either take a £54k lump sum and £18k per annum pension or £98k lump sum and £14k per annum. She doesn't have a CET for his pension.

Friend's pension (also final salary I think) has a CET of £165k (worth £7k per annum). Her current salary is £18,000 (self employed so can be a bit precarious).

House is valued at £375 (with £285k equity in it).

Friend wants to keep the house in exchange for him keeping all his pension. Does she stand any chance?

I assume a judge would award a 50:50 split of assets but how are the pensions treated? Is a discount figure applied when considering their value to the overall pot?

Sorry for war and peace but he's been so horrible to her and I'm desperate to help. Thanks.

You'd possibly get better/more professional answers by posting in legal, lots of family lawyers post there.

Just rushing out but couldn't not answer. Basically, yes, she does stand a chance of retaining the FMH (former matrimonial home) if he will agree to her making no claim on his pension in return for the lions share of the equity.

She should really think about issuing divorce proceedings sooner rather than later in order that she can resolve the financial matters too and know where she stands. If he will not admit to the adultery then she could consider a petition based upon his unreasonable behaviour. If he does admit to adultery then she should not name the co-respondent. No need at all and only seeks to add animosity.

Your friend should find out what her mortgage capacity is so that she would be able to see whether she could obtain a small mortgage if needs be (if an adjustment need to balance things - ie if he needed a lump sum as well as pension trade off if agreed).

Suggest that she looks at the Resolution website and find a local lawyer who is a member.

Thanks very much - will repost in Legal as well.

I suspect he will make things as difficult as possible unfortunately - to the richness of their lawyers. Will pass on the tip re Resolution - don't think she's aware of that. Thanks for your help.