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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.

Pension sharing order

17 replies

radmum81 · 17/09/2023 10:50

Hello,

Going through a divorce. We didn't own a house or any assets other than the car. He has a 10 year RAF pension and a few other smaller ones. I worked on and off and have a small pension. We have 5 kids but only 2 are under 18 and both have special needs.

He's offered me 35% of all his pensions. Is this a reasonable?

Am I likely to get more than 50% of his pensions?

Thanks

OP posts:
millymollymoomoo · 17/09/2023 11:08

Impossible to say here

but the value of your own pension will also be included in the pot for sharing

why Do you think you are due more than half, especially if there are no other assets to split or offset

radmum81 · 17/09/2023 12:21

I'm just curious as to what percentages are normal. I literally have no idea. My friend was allowed to keep her pension and given 25% of her ex husbands. I'm just looking to see what's the norm with no other assets really.

OP posts:
millymollymoomoo · 17/09/2023 12:23

If there’s no other assets, long narruage eith essentially grown up children it’s likely a 50:50 award might be reached when considering both parties pd Dion’s

OnceUponAThread · 17/09/2023 12:45

What are your relative ages? They'll also take into account how long you have to build up a fund.

So if (for e.g. he is 60 and you are 50, they may give you a smaller share as you have more working years left).

Aside from that I'd expect you to end up with around 50% each of all the pensions.

So you'd probably get less than 50% of his DB, but keep your own pension and get the other small ones plus a smaller share of the RAF one.

That's how pension sharing orders usually do things.

radmum81 · 17/09/2023 12:50

That's great thanks, I'm 41 and he's 43.

Also, I'm currently at university and have 2 more years to go, can I claim spousal maintenance? I do get universal credit and I live with my partner so I'm thinking I probably wouldn't be entitled to that (we didn't have a certain lifestyle to upkeep or anything)

OP posts:
millymollymoomoo · 17/09/2023 15:16

Spousal is highly unlikely !
what does your ex earn?

unless he’s v high earner the chances are slim (slim even if he is high earner !)

hobbitonthehill · 17/09/2023 15:17

Leave his pension alone ffs , he's worked for that you haven't, it's about time this pension shit was stopped !

Anita848 · 17/09/2023 16:48

Many factors are taken into consideration e.g. age and earning capacity are taking into account I think. I think it's also made as equal as possible but depends on circumstances so could be 35% or 50% depending on what the court decides is equal. See if this might give you more info as it also shows the different ways a pension can be split - https://iamlip.com/dividing-pensions-and-pension-sharing-orders/

Dividing Pensions And Pension Sharing Orders

Dividing Pensions And Pension Sharing Orders - I AM L.I.P

This guide has been written in a simple manner to give you a general understanding so that when you talk to your ex-partner/solicitor/pension provider/the

https://iamlip.com/dividing-pensions-and-pension-sharing-orders

RedLollyYellowLorry · 17/09/2023 16:58

is he already claiming his RAF pension?

CinemaCrazy · 17/09/2023 17:41

How long were you married, how old were you when you got together?

BungalowBuyer · 17/09/2023 18:20

Generally pensions are equalised, so you both end up with the same, which is why your friend kept hers and got a share of her ex's pension.

If you didn't have any pension of your own then in theory you could get 50%.

radmum81 · 17/09/2023 18:21

Married for 20 years got married at 19.

He is on 50k

Thanks for all the help.

OP posts:
millymollymoomoo · 17/09/2023 18:31

near zero chance of spousal based on

his earnings
you cohabiting
older children

CinemaCrazy · 17/09/2023 18:33

*Married for 20 years got married at 19.

He is on 50k*

In that case go for 50%.

GrumpyPanda · 17/09/2023 18:35

hobbitonthehill · 17/09/2023 15:17

Leave his pension alone ffs , he's worked for that you haven't, it's about time this pension shit was stopped !

Unbelievable. Guess you missed that they have 5 kids, 2 with SN, and OP was the one who looked after them.

Busbygirl · 20/09/2023 20:03

hobbitonthehill · 17/09/2023 15:17

Leave his pension alone ffs , he's worked for that you haven't, it's about time this pension shit was stopped !

What was she supposed to do with the kids? Lock them in a cupboard? The most ridiculous post so far on MN.
My advice is get them valued. They’re often the most valuable asset after your house in a marriage. 35% is a very low offer. Presume your pension is low as you had to look after your DC.
A pension actuary is expensive but well worth it.

caringcarer · 20/09/2023 20:54

Judges usually go 50/50 on pensions. That is all pension put into melting pot then shared equally if a long marriage. I got awarded 33 percent of exh's pension and kept my own but the value we each had was 50 percent of joint pensions.

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