Can I have half his pension?

[delilah88]

Exh and I divorced three years ago, without a legal settlement. I retrospectively realise he must have a huge pension from work -- can I clain half of it when I retire or am I too late? He has remarried. Thanks.

I think you might be too late. My DH's ex wife tried to claim half his pension 6 years after their divorce and she lost the case. Apparently pensions these days are protected, gone are the days when a soldier would sell his pension for a pint of drink.

After 6 years from a divorce it's unlikely that claims will be successful but after 3 years it is a different matter altogether. Whether you can claim will depend on the the overall circumstances - the value of any assets held in joint/sole names, the duration of relationship, ages, respective incomes, numbers of children etc. It's worth seeing a solicitor to find out where you stand and what options there are in your particular case but don't leave it because sorting out finances becomes more complicated with the passing of time.

As far as I understand it you can still claim because you haven't remarried. He's lost his ability to claim because he has.

Did he acquire all of the pension during the marriage?

Yes, it was all his from his job.

If he started the job before you got married though, you are probably not going to be able to claim anything on the pre marriage part of the pension (or anything that accrued after you divorced - and possibly anything that accrued after you separated).

Make sure your solicitor is one who is knowledgeable about this area - if his pension includes risk benefits (life cover, disability benefit) you may be able to attach a portion of these benefits also.

I don't know how it works in the UK but here in Ireland a Pension Adjustment order is agreed in court and then lodged with the pension provider. It usually obliges the pension provider to pay a % of the pension benefits to the separated spouse at retirement age of the pension owner.

Sometimes, it can be agreed that a portion of the pension will be transferred to a pension in the spouse's name (this can be handy because then you have more control over how it is invested etc)

So would his new wife not get anything?

His new wife is entitled to a share of the pension that has accrued whilst they have been together.

All the pension is theoretically up for grabs. Delay MIGHT reduce your shasre by a bit, but might not. It depends on the reason for the delay. I agree you are unilkely to get anything accrued post separation, but everything before then is game.

You're unlikely to get half, as he'd have been accruing it since (and possibly before) the marriage. You might get up to half of the value it accrued during the years of the marriage: but in turn he could claim against any pension you accrued.

I think you need proper advice on reaching a (belated) financial settlement, covering all assets, and then it will finally be a break.

Do you know of anyone who has ever claimed after the decree absolute?

Yes successfully claiming after the absolute isn't that unusual.

Why are you after his pension?

Yes, agree with Collaborate and STIDW, a claim is possible but don't leave it any longer.

allnewtakestwo why shouldn't she be 'after' his pension. Often a pension can be a significant matrimonial asset. If it is a long (say 20 years) marriage and the OP has given up her career to look after children and therefore has no or little pension provision of her own, she is entitled to seek a share of his.

The OP refers to when she retires, which suggests that she works. Maybe it's just me but I struggle to imagine a situation whereby I'd want to leach off my ex husband when I'm retired.

Sharing rights held on separation isn't leeching off an ex spouse, but each to their own.

so allnewtaketwo what if, you and your DH were married and you'd given up a career to bring up the children, maybe returning to work at some point part-time when kids were at school but earning far less than you'd otherwise have earnt and therefore not having the pension provision you would have had if you'd had a high flying career that we all planned to have before getting married/having kids.

Fast forward 20 years and you divorce. You have no or little provision but your ex H has a huge pension CETV. You have supported him in achieving this by being the stay at home wife. Do you really not feel you should have a share of that?

Legally you're right of course. Personally I didnt ask for anything from my ex, but then Ive always been financially independent.

I think that if someone chooses during a marriage to be a SAHP, then a key factor in the financial decision should be pension provision. I f that were me, then I would have insisted that part of the household income went into a personal pension for me

MOS I wouldn't give up my career to be so precariously reliant on anyone else

In that situation pension provision for you wouldn't make sense. The only reason to put in to a pension these days is the tax break you get on making contributions, which you don't get if you're not working.

A pension should be shared in divorce in the same way that a house or bank savings are shared.

Well clearly that wasn't the case for the OP

Personally like I say, I simply wouldn't put my financial security at risk by not working without having provision for my future in my name, from the offset. The tax disadvantage if any decision should be factored into the decision itself IMO.. But I'm not the type to depend on someone for money anyway