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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.

Splitting pension in divorce

8 replies

DoingItForTheKid · 08/05/2021 14:27

Is the starting point for discussing splitting pensions 50% I.e. the same as any other asset?

OP posts:
millymollymoomoo · 08/05/2021 17:33

Pensions firm part of the marital pot available for sharing along with everything else
But actual split will depend on many factors

Northernsoullover · 08/05/2021 17:34

As an example my partners ex wife wanted 50% of it. As he'd accrued 15 years of it before he met her the judge told her to jog on.

Purplewithred · 08/05/2021 17:38

Yup, you need the Cash Equivalent Transfer Value. But as with any other part of the assets the actual split is subject to individual circumstances.

coronabeer · 09/05/2021 12:13

Depends on length of marriage among other things. After a long marriage, pensions are usually shared so as to equalise income.
See Pensions Advisory Group Guide to Treatment of Pensions on Divorce: www.nuffieldfoundation.org/sites/default/files/files/Guide_To_The_Treatment_of_Pensions_on_Divorce-Digital(1).pdf
This is, as I understand it, seen as a guide to good practice for judges, lawyers, financial advisors etc. The Single Joint Expert who recently compiled a pensions report for me and my stbxh this document referred to it for our information (although it was, of course, beyond his remit to state how the pension should be divided.)

andivfmakes3 · 12/05/2021 05:58

Also depends on whether the other person was working or not - eg my DH earns a lot less than me but has his own pension - why should he be entitled to half my pension when he has never suffered any detriment by being with me eg taking time out of career to raise children?

coronabeer · 12/05/2021 08:51

"why should he be entitled to half my pension ?"

Obviously, I don't know about your situation, but when it comes to divorce, what you think is fair and what the law says is fair may well be two very different things.

The starting point, after a long marriage, in a needs-based case is to aim for equal incomes in retirement after divorce where possible.

PasturesN3w · 15/05/2021 05:53

After a 21 year marriage we went 50-50 on the assets and the pensions. My pensions were far lower than OH. The way we split the assets however were: I had a bit more house pot and a bit less pension pot so an actuary was needed to work out the values of that. in the end I got about 57% house 43% pension-ish. What you have to remember is pension monies are not the same as real money. £100,000 pension and £100,000 house are not of equal value.

mvilma6 · 24/05/2021 14:54

PasturesN3w , sorry can you please explain

£100,000 pension and £100,000 house are not of equal value.

im facing similar issue with ex

thanks

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