Solicitor said pension is not be split in divorce!

[Jumbogirls]

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?

Something of a drip feed going on here, you needed to explain the full details in your first post.
Although you were married 7 years that may not be classed as a long marriage. Perhaps the solicitor worded it wrongly when saying he does not have to share his pension. He was likely explaining that when both parties have completed Form E which basically reveals what assets etc you both have individually and jointly going after part of his pension may not be the best decision for your future financial stability.
You will be asked what you are doing to maximise your own income. Good luck.

It's a choice you make op. I choose not to get half my exh pension as it wasn't worth much and the extra costs involved through solicitors wasn't worth it. In return I got to keep the old family car which was not worth much but was a life line for me to continue work and kids stuff etc. otherwise the car would have sold and the proceeds split. How much is your exh pension worth op?

My exh was awarded part of my pension but after we divorced he wanted me to buy it back from him as he would have preferred the cash. We could not agree on the amount however so it went to pension sharing eventually and we both had to split the costs for that. Maybe not relevant to your case but just pointing out that not everyone wants to split the pension.

@kweeble I believe that in England and Wales it's not the case that only the pension earned within the marriage can be counted. I think it might depend on the length of the marriage too. In Scotland I think they only count what has been earned during marriage.

You do need to get good legal advice on this.
It completely depends on combined assets and any stipulations in the pension itself.

We offered DH's ex £25k cash but she wanted the pension so she got half of the pension accrued during the length of the marriage which was around £70k however she cannot draw it until state retirement age and it doesn't accrue any interest in the 40 years she has to wait for it.
She really regretted not getting a half decent solicitor!

It’s not surpassing given the length of marriage, ages and what’s in the pension pot tbh.

Doesn't sound like there is a lot to split! Solicitors costs will eat into most of it!

Thank you. If equity is quite minimal, is it advised, I don't ask for a share of it?

I didn't pension share in my divorce under 10 years so short it was just something else to argue about

How much equity? How much is the house worth?

As some have alluded to there is no requirement to pension share.
Get a valuation done and your DH may offer you your share in cash. If you want a pension then invest the cash yourself.
you will also get more this way as you can claim tax relief (up to 50%) on pension contributions. There is a maximum of £60k a year so if more split it over two or more years.
Much easier for both or you assuming your DH is happy to give the cash. Pension sharing really only works if you need the cash from equity etc now.

What information did you give the solicitor regarding equity, pension?

How old are you both?

What was the £10k cost for? A pension report and moving your share across? Or is this their quote for contesting it for you?

£20k really is not a lot in the grand scheme of things as you are so young. What equity is there in the house? You could offer to offset his pension against a larger share of the equity but bear in mind £20k of pension does not equal £20k cash.

It’s really not worth spending the money arguing with your ex via solicitors. They are extremely expensive and you will soon have spent £20k in fees.

My pension wasnt shared when I divorced in early 30s. My understanding from what the mediator said was that it was because we were both young enough to build up a decent pot , and my pot at the time was fairly small (maybe £40k -exH didn't have one at all though), so it wasn't taken into account when splitting our assets (and ex hired pretty aggressive solicitors so I am sure of they felt they could argue for it they would have done)

I'm not 100% sure about this one like some others but in case it might help by giving a little more information about pensions, see if this might help - https://iamlip.com/dividing-pensions-and-pension-sharing-orders/ it tells you about the process.

Thank you everyone.

Pensions are complex and whether he would need to share depends on a number of factors.

How long you've been living together/married and how much was saved before.

Age. You are still young and still have an option to contribute towards a pension that will meet your needs after retirement.

As above, ability to pay towards a pension, is. children, disability etc ...

Pensions can be offset against capital, ie. You keep most of the equity, he keeps his pension.

There's no black and white right to a spouse' pension.

Why are you trying to take your husbands pension ? It's unbelievable that this shit is still allowed these days , divorce is divorce you go your own way and earn your own money end of

Well in ops case I agree with you. But for other much longer marriages where the woman has stayed at home to raise children or her career had to take a back seat because the husband's job required her to do so then I believe she would be entitled to some of his pension in a divorce.

His pension is worth £20k.
OP wants to spend £10k to get half of that £20k pension.
Spending £10k to get £10k. Did I read that right?

Money paid into a pension is essentially family money which could otherwise have been invested or spent on other things to benefit the family. Of course it should be shared. Whether it’s worth arguing about £20k aged 30 is questionable.

It depends on how other assets are being split and your own circumstances too. If your pensions are similar it is probably best you just both keep your own.

Sorry, I meant the last 4 years are worth £20k but all years combined about £45k. We agreed I quit my job when DC were born because of childcare fees. I was a stay at home mum for a few years. I tried to work from home for a while but it was very difficult as he refused to help. I started work again last year.

So the years you were a sahm his pension is worth £20k? So you're entitled to half of that less fees involved. So up to you really if you want to go for it. Do you have a pension op ?

@cushioncovers For the 7 years we've been married it's roughly £45k. I have a very small pension. I'm working towards building it up with my current job.