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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.

Original poster

Solicitor said pension is not be split in divorce!

55 replies

Jumbogirls · 05/09/2023 11:36

A solicitor has just said STBX doesn't have to share his pension if he doesn't want to, which I found a little strange. Apparently, if I wanted to impose a pension share order, it'd end up costing me around £10k..has anyone been told this before?

OP posts:
mycoffeecup · 05/09/2023 11:37

you need a better solicitor.

Octavia64 · 05/09/2023 11:39

Not heard this.

On my divorce ExH's pension was split costs were taken out of the pension.

Upsizer · 05/09/2023 11:39

Your DH’s solicitor’s job is to get the best deal for your DH. Everything he says will be in that vein.

What your DH “wants” is irrelevant.

Pension sharing order cost me about £3k I think - but it was deducted from the pension pot itself - that’s a normal option offered. So you don’t need the money up front. Good luck.

Spirallingdownwards · 05/09/2023 11:39

It doesn't have to be shared if he gives you the equivalent via another method eg. cash or other investments. There is no automatic right to the pension itself but its value forms part of the value of the assets to be shared and therefore is factored in to what you receive by way of settlement.

Upsizer · 05/09/2023 11:39

Oh apologies: I was assuming this was your DH’s solicitor and not yours. What does your say?

Original poster
Jumbogirls · 05/09/2023 11:49

This information was provided by a solicitor during the free consultation. I'm yet to choose a solicitor. I thought I'd speak to a couple and then decide.

OP posts:
Moonlightsonatas · 05/09/2023 11:50

I wouldn’t use that solicitor!

HannahinHampshire · 05/09/2023 11:57

Well I suppose it depends what his pension is worth and what other assets you have, but pensions can be worth much more than the FMH. My ex had 3 DB pensions and 2 DC pensions, I had 2 DC pensions. Actuary’s report was ordered, it cost 2k between us. I ended up being awarded 275k from his pensions which gave us ‘equality of income’ in retirement. As I’m now 62 I’m glad I’ll have a comfortable retirement as my ‘pot’ is now just over 505k.

Ponderingwindow · 05/09/2023 12:06

I didn’t technically split my pension with my xh. Instead, I compensated him in cash. It was much easier and cheaper than actually splitting the pension.

this is what my solicitor advised. XH had to agree in negotiations, but there was no logical reason to object.

he could then choose to use the money or put it into a pension fund of his own. I don’t know what he chose.

millymollymoomoo · 05/09/2023 12:08

They might also exclude pre marital pension and split/share the increase accrued during length of marriage

how long have you been married and what age are you ?

wobytide · 05/09/2023 12:10

Not using a solicitor because you don't like what they say could be counterproductive. They've tried to explain in clear terms (probably because they are so used to seeing people turn up knowing they're "entitled to 50% of everything" and "he has to share his pension" when it isn't the case at all)

On the positive side you already have a better idea of the process than others , it's a good start. Still consult another Solicitor just to get a feel for the whole situation and also so you can find one you feel comfortable working with

Sdpbody · 05/09/2023 12:13

My DH has been a Police Officer for 20 years and we've been together 19 years of that. If we ever get divorced, I am sure as hell having half.

Original poster
Jumbogirls · 05/09/2023 12:14

@millymollymoomoo We're 30 and 33. He's been in full time employment since 2011. With his most employer (4 years) it is totalled at £20k. I still need to look into my emails and find pension value from his previous workplaces.

OP posts:
Shinyandnew1 · 05/09/2023 12:14

What are the other marital assets? Is there a house? Do you work? Does he? How many children? How long have you been married?

Original poster
Jumbogirls · 05/09/2023 12:15

We've been together for 8 years and married for 7.

OP posts:
Moonlightsonatas · 05/09/2023 12:17

What’s your pension worth?

Original poster
Jumbogirls · 05/09/2023 12:18

@Shinyandnew1 We have 5 yo DC who he sees once a year. House on his name, mortgage as well. He has left his job and not too sure where he works now. Savings, not sure - he may have hidden money as we've been separated for a while.

OP posts:
Radiatorvalves · 05/09/2023 12:19

My DB kept his pension on divorce but it was factored into the assets…. She got 85% of them (he was higher earner and she’d stayed at home with kids for almost all of the 10 year marriage). Clean split other than paying maintenance for kids.

Original poster
Jumbogirls · 05/09/2023 12:19

@Moonlightsonatas not much at all as I've only worked for 3 years.

OP posts:
Thisisme23 · 05/09/2023 12:19

Pensions are usually considered as part of the overall "pot" of money to be split on divorce.
Whether they are shared really depends on the overall circumstances. eg what is happening to the matrimonial home - if one partner is getting a larger share of the house - the other partner MAY keep their pension instead.
It's very common for pensions to be shared - and yes there is a fee. I shared my pension with my ex when we divorced (as mine was bigger) It cost about £2k.

HannahinHampshire · 05/09/2023 12:19

Ah, he doesn’t have a huge pension then and you’re both quite young. It may be that he keeps his pension and you get more equity?

Original poster
Jumbogirls · 05/09/2023 12:21

@HannahinHampshire Property also has little equity. It was purchased in 2016.

OP posts:
Shinyandnew1 · 05/09/2023 12:28

If you’ve not been married long and his pension still small-plus you’re both quite young, I wouldn’t think you’d get much of it. Focus on working as much as you can now and building your own pension up.

Custardslices · 05/09/2023 12:29

There is hardly any assets here to split. The house is your main priority to secure and maintance.

kweeble · 05/09/2023 12:52

The portion of his pension would only be for the time you were together so may not be worth much but could be used to get him to drop an equity claim.