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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.

Divorce and pensions

4 replies

Properbobbins · 18/01/2025 19:07

Currently separated but doing my research now for when we get things in order legally. Fairly familiar story, xDH is the high earner, I was low paid and part time whilst DC were younger and consequently his pension ‘pot’ is significantly bigger.
I understand that only the pension accrued during the marriage can be counted as an asset to be divided but we had DC first then got married - in this scenario would pension accrued from the start of the relationship be used (or DC1 birth?) or only from the point of marriage? There's a good 10 years difference so it’s worth checking.
Im actually considering offsetting any claim to his pension against equity in the house so another reason to check my workings as it were. Thanks all

OP posts:
77Fee · 18/01/2025 19:20

Which country of the UK are you in, as that will affect your entitlement.

In Scotland I believe it's only assets accrued during marriage, and long term co habitation counts. In England everything is up for negotiation, I understand.

MooseBeTimeForSnow · 18/01/2025 19:52

I understood the term was “seamless transition”, so if you lived together and then got married, the length of time you lived together would be added on to the marriage.

Properbobbins · 18/01/2025 21:56

Thank you both.

OP posts:
Frazzled54 · 19/01/2025 16:31

It goes from date of cohabitation.
My ex and I lived together for 8 years prior to marrying and having DC.
He tried to ring fence the portion of his pension prior to us being married but this was thrown out. His whole pension (including the 5 years prior to us actually meeting!) was taken into account 🤣

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