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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.

Advice re pension

4 replies

ipredictariot5 · 01/04/2021 22:44

Hi looking for some advice re divorce and pension split. 50/50 of assets split is largely agreed but ex is arguing that his pension accrued before marriage is ring fenced and not in the pot. Together 7 years before marriage living together and bought and sold two houses together in that time.
Married 16 years three teenage children. We both work FT and I earn a little more than him
We are mid 40s
Thanks for any advice !

OP posts:
Catherine506 · 01/04/2021 23:07

I am divorced and have been through this whole pension thing. You will need to ask a solicitor about the years before the marriage. For the years married you will be getting a pension adjustment order. This is done by an actuary. The actuary will equalise your 2 pensions to ensure that you both end up with the same pension so for example if you had made more contributions than him , the actuary would give him just enough of yours to make the pensions equal or vice versa. My ex had a bigger pension than me because even though I worked for the whole marriage, for 10 years I was in a job with no pension plan. So that our pensions would be equal, I was given 25% of ex's pension and allowed to keep all of my pension which is smaller than his and we both end up with the same.

MrsBertBibby · 02/04/2021 08:21

The case of WvH 2020 has put a big hole in his argument about ring fencing pre-marital pension.

Do you have a solicitor? It is highly technical stuff but this article sets it out

www.lawgazette.co.uk/legal-updates/treatment-of-pensions-on-divorce/5105050.article

Soontobe60 · 02/04/2021 08:25

@ipredictariot5

Hi looking for some advice re divorce and pension split. 50/50 of assets split is largely agreed but ex is arguing that his pension accrued before marriage is ring fenced and not in the pot. Together 7 years before marriage living together and bought and sold two houses together in that time. Married 16 years three teenage children. We both work FT and I earn a little more than him We are mid 40s Thanks for any advice !
Hindsight is a great thing. Why did you not make arrangements for your own pension at this time? It’s so important for women to be in control of this finances, parents out there, if you have daughters, make sure they know this!
LemonTT · 02/04/2021 08:49

Is the sum likely to be worth the cost of perusing this ? Consider if your needs have been met and you can move on with your life comfortably against the cost, financial and emotional, of going after this sum.

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