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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.

Hypothetical question... If there was no financial order who gets the pension?

18 replies

Fressia123 · 17/01/2021 11:08

If there was no financial order, and the man remarries and later in life dies. Who gets the pension? The ex or current wife? What about equity of a house?

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HotCupOfNo · 17/01/2021 15:03

Gosh that sounds complicated, and totally dependent on the circumstances I would imagine. How long was the first marriage, situation with children etc

Fressia123 · 17/01/2021 15:10

So. Let's say for his example that all children are adults and first marriage was short but with many years of cohabitation (about 10). Second marriage 20+ years

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AlaskanSnow · 17/01/2021 15:15

Who is on the expression of wishes death benefit form?

I would imagine the current wife. ..

titchy · 17/01/2021 15:19

The trustees would decide. Probably the current wife given the ex had no expectation of the pension.

ApolloandDaphne · 17/01/2021 15:21

I would imagine it all goes to the current wife. Surely the ex wife has no claim on the estate that long after their divorce?

milienhaus · 17/01/2021 15:31

The Trustees of the pension scheme will grant the pension to the current wife - non-existant financial orders are out of their domain.

tinkerbell2021 · 17/01/2021 16:37

It will be the current wife that receives the spouse's pension. I worked in pensions for years.

user7778 · 17/01/2021 16:56

Well unless there is an agreement with wife #1 or a will (house)/an expression of wish (pension/insurances) leaving anything to the adult kids, I'd expect everything to go to the current wife (of 20 years)

I certainly think wife #1 expecting anything would be pretty CF behaviour

ShimmyAndShine · 17/01/2021 17:23

Current wife and you would have to go to court to get the will overturned

Idontgiveagriffindamn · 17/01/2021 19:02

I doubt the first wife would have any claim on the pension. It would be between the kids and the second wife. But it would depend on the expression of wish associated with the pension

Fressia123 · 17/01/2021 19:41

Let's say he never changed the expression of wish ever since he divorced, so the older ones would have the exW rather than the current wife.

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Idontgiveagriffindamn · 17/01/2021 20:12

I’m assuming the current wife would challenge and then it would be up to the trustees to decide. I’m not an expert but I can’t see any scenario that the pension would be given to his ex wife from over 20 years ago.

Idontgiveagriffindamn · 17/01/2021 20:13

An expression of wish is just that it not written in stone and can be overturned

HollowTalk · 17/01/2021 20:14

Which wife are you? I'm assuming the first.

unicornparty · 17/01/2021 20:18

Expression of wishes are overruled by scheme rules. Scheme rules would not specify to pay to ex wives.

Chasingsquirrels · 17/01/2021 20:23

My late-DH's pension went to his kids, and a life insurance went to his ex-wife & kids. Both as per his expression of wishes, updated not long before his anticipated death.
I probably could have had a claim on them, but didn't even try.

unicornparty · 17/01/2021 20:27

Life insurance is different to a pension. A pension cannot go to an ex wife.

Fressia123 · 17/01/2021 20:52

No, I'm the second wife in this case. He's never bothered to get financial order as his pension is tiny and we bought the house together. They had no savings nor joint property so he always it was silly to get one. People make such a big deal of the financial order that I thought there could be a good reason to always have one, but if there aren't any assets then I guess it's pretty pointless.

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