What happens with pensions in divorce

[Chopsy001]

I hope this post doesn’t come across as me being cold, my marriage is breaking down and I am devastated but I now need some more practical advice on the finances…

The usual start point is 50/50 spilt but I’m struggling to understand how pensions fit into this.
My situation is that I earn a bit less than husband but have a pension (as does he). There is a big(ish) age gap between us, he is 12 years older. We have been married 4 years and have a child.

Would I be entitled to any of his pension and likewise would he be entitled to mine? (does the age gap effect this and does the fact that we both earn a similar wage matter?)

I ask this as I want to know whether I could offset his pension against the house ( I want to buy him out).

I get this is a question for my solicitor but appreciate anyone who’s had a similar situation sharing their experience please.

Pensions form part of the pot that is considered martial assets. However 4 years is on the brink of being considered a short marriage.

The court will look to equalise the pension contributions in the course of the marriage to ensure these are roughly equal. If he's had many years more paying In and you have many years left to work it's not the same as money in the bank and an asset split down the middle.

But it can be a useful bargaining chip for negotiations.

@Mooselooseinmyhoose thank you so much, that is useful to know

The age difference is another factor that will take you away pension equalisation.

It’s a short marriage so you may find it’s agreed to leave pensions alone and you both keep your own. You earn similar, both pensions would be in the pot but he’ll have a strong case to exclude pre marital pension and his age means he has 12 years less than you to recoup his pension so that will definitely be a big factor in his favour