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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Different retirement ages following divorce?

61 replies

coronabeer · 28/02/2020 21:58

Going through the divorce process.

Aged 50. 25 year marriage, 2 children aged 14 and 16. I have been a sahm since the oldest one was born and dh has always discouraged me from finding a job (well, he's changed his tune now!). I had quite a well-paid job when dd1 was born (£40k per year).
Dh is slightly older (52) and plans to retire at 55. He has a big pension pot - almost £1million. He is telling me that I need to get a job - any job - and work until state retirement age.

I have googled, but can't find any similar cases. Bearing in mind that I am unlikely to earn much more than minimum wage, would it be accepted that dh retire in 3 years with a pension of £30k plus, whilst I work for the next 17 years and earn maybe £20k per year? And I would be responsible for the children because there's no way they would live with him.
I know some people might think I'm being lazy, but it's not about that. Dh's salary has always been somewhat reduced because he's been squirrelling so much away into his pension. As I result, I have always had to live pretty frugally, whilst dh has spent whatever he wants and blamed me for over-spending. For example, I own a single coat (from Millets!) whilst dh has a wardrobe full of designer gear. But he still says I spend too much on myself. Tbh, I don't mind the idea of having a job in itself, I just wondered if a court would be likely to deem it fair that I retire so much later than dh, and live on so much less than him in the meantime?

OP posts:
BatshitCrazyWoman · 03/03/2020 13:45

OP I had a similar situation - and I empathise with finding the courage to speak up for yourself after years of being bullied. You've been given great advice, particularly not discussing this stuff with your soon to be ex. I just wanted to say that I am four years post divorce now, and it is GLORIOUS! I won't lie, divorcing a man like this is hard, mine did everything he could to hurt me, drag things out and made it all painfully difficult. A.good counsellor for you might be a good idea.

I'm now solvent, happy and living an amazing life. I've met a lovely man and am having the time of my life. All this is possible for you too, OP.

FinallyHere · 03/03/2020 14:05

And make sure it’s not a penny less than the highest amount your solicitor thinks is realistic.

It's a negotiation, so it's always going to be worth including a few things that you can (reluctantly, in the face of pressure) give up as part of the discussions

It's not very likely that you will end up in a better position than your opening offer. If you start when you want to close, you will end up giving up things you really should have included.

LonnyVonnyWilsonFrickett · 03/03/2020 14:11

He won't be retiring in a few years, because whatever happens in your split, his pension will take a hit.

But that's by the by. The pension pot will be split and then you'll invest your share of it to take as and when you want. He won't have any control over what you do with your share, he can do what he likes with his.

Do change your lawyer if you're not happy. Ask around - the grapevine will know who's the best in your area.

coronabeer · 03/03/2020 19:45

Thanks everyone for all your advice. It really has helped.

OP posts:
SD1978 · 14/03/2020 12:06

How have you been going? Have you had any legal advice yet? I'm assuming if so the position they believe you are in is much different to that your husband has told you.

Qwerty543 · 20/03/2020 23:55

You will get more than 50%! He's taking the piss.

mummmy2017 · 21/03/2020 00:07

Silly man.
He has no idea how screwed he is, because he wants to leave

HelgaHere1 · 21/03/2020 00:18

£1 million is the recommended pension pot for a comfortable retirement from the normal retirement age not 10 years earlier. He is kidding himself. He will have child maintenance/ uni fees etc

Edwardsp01 · 09/05/2020 14:24

Hi,
My situation is very similar to yours and another reply you had on here from (which I will also reply to as interested in both of your advice) the main differences are that I’m 53 & he’s 48. He got made redundant 5 years ago from a very well paid job & hasn’t really worked since! During that time I returned to work having given up to look after my 2 children 17 & 15. Just part time on minimum wage. His pension is worth more than mine.
We applied to the court as he wasn’t being cooperative, which we should hear a date on soon.
My solicitor says it will probably be 50/50 on house/savings/pension. Because my husband says the kids will split between us 50/50 of the time (they will end up being with me more), as he’s been out of work for so long it’s difficult to use future earnings (he knows it’s better he doesn’t have a job & intends to get one if he can after we settle!) so the only leverage we have is the pensions. I have heard it depends on the judge as to any outcome. But it worries me that once I buy a small house, I will have to top up my salary (will go full time) with any money left over to support the kids & myself. I won’t get any maintenance as he isn’t working or universal credit as I will likely have more than £16k in savings but not a huge amount more. So would really like to get more than 50/50. He doesn’t want me to get anything! So not sure how we can get a judge to award me more?

Edwardsp01 · 09/05/2020 14:27

Hi oldfatandtired1,
My situation is very similar to yours and another reply you had on here from (which I will also reply to as interested in both of your advice) the main differences are that I’m 53 & he’s 48. He got made redundant 5 years ago from a very well paid job & hasn’t really worked since! During that time I returned to work having given up to look after my 2 children 17 & 15. Just part time on minimum wage. His pension is worth more than mine.
We applied to the court as he wasn’t being cooperative, which we should hear a date on soon.
My solicitor says it will probably be 50/50 on house/savings/pension. Because my husband says the kids will split between us 50/50 of the time (they will end up being with me more), as he’s been out of work for so long it’s difficult to use future earnings (he knows it’s better he doesn’t have a job & intends to get one if he can after we settle!) so the only leverage we have is the pensions. I have heard it depends on the judge as to any outcome. But it worries me that once I buy a small house, I will have to top up my salary (will go full time) with any money left over to support the kids & myself. I won’t get any maintenance as he isn’t working or universal credit as I will likely have more than £16k in savings but not a huge amount more. So would really like to get more than 50/50. He doesn’t want me to get anything! So not sure how we can get a judge to award me more?

Edwardsp01 · 09/05/2020 14:28

Sorry,
Not sure what I’m doing 😆 I wanted to get advice off coronabeer & oldfatandtired1 as both your situations are similar to mine, thank u x

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