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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 valuation/splitting on divorce

8 replies

randomball · 17/11/2023 10:39

I've been in a long marriage. We're also classed as having lived together for a couple of years before we got married.

I started paying into a pension long before I met my spouse, they only started paying into one shortly before we married.

Will my pre-relationship pension value be excluded from the pension valuation calculations as far as splitting or equalising the value as part of the divorce finance settlement calculations is concerned ?

Are there any pension valuation types (actuaries) on MN who would know the answer to this query ? Or does anyone have any personal experience of this issue which indicates one way or the other ?

Thanks

OP posts:
FlippyFloppyShoe · 17/11/2023 10:40

Mine wasn't excluded, but I guess it will depend on the arguments and judge.

Fourmagpies · 17/11/2023 21:06

I think in Scotland it is excluded, but not in England and Wales. Ours weren't split into pre and post marriage.

Singsonggsu · 17/11/2023 21:10

Your pre relationship pension will definitely be included in England. If he has deep pockets in terms of paying for a solicitor/barrister you could end up having to give him a lump sum and percentage of your pension payments (you get 80% he gets 20% for example)

Penelope1703 · 18/11/2023 07:14

Yes you'll either have to split it so that you have equal incomes in retirement or at the very least offset it ie you pay him the equivalent of what an annuity would cost.

BeautyFromBad · 18/11/2023 07:18

I had to get valuations for all of mine (I have three from different jobs.) But exH’s were worth much more so I got half of his and he got none of mine.

randomball · 18/11/2023 13:18

@Singsonggsu

Singsonggsu · Yesterday 21:10

Your pre relationship pension will definitely be included in England.
I had assumed that all assets pre-marriage would be included (including pensions) so was surprised to be asked for dates of pension contributions made and the date when we're deemed to have started living together.
I don't understand why the pension valuation experts are asking for those specific details if the whole pension value is going to be included anyway ?

OP posts:
LizHoney · 18/11/2023 14:10

Google the Pension Action Group's report on pensions on divorce. There's some guidance in that. It is by no means clear cut that it definitely will or won't. The advice you need is from a specialist family lawyer. Check they have the right experience before instructing them.

Singsonggsu · 18/11/2023 16:36

@randomball

In my experience no stone is left unturned. They’ll want to know all of this to help with a judgement. How many years did you pay into your pension before you were married etc. The amount you have to give your ex-spouse could vary between 5-50% of your pension. The lawyers/barristers take all of the little details into account when negotiating a settlement.

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