Divorce and Pensions

[AntiBi]

My ex partner has a pension in another country (where he worked for 18 months).

Does anyone know if he cashed this in now before divorce, it would be counted as part of the divorce financial settlement (process has not begun yet). What if he uses it as 'living expenses' between now and when we settle?

It is part of the available assets, and the court will take it in to account whether or not it has been encashed. Being abroad, the court cannot make a pension sharing order, but it won't pretend it doesn't exist.

Thanks Collaborate

If he cashes it in though before the settlement and it gets transferred to his UK bank a/c, can an English court then count it as part of the settlement?

I mean can it be included as part of the pension sharing order??I sacrificed my own career to move abroad to support his and I looked after our children whilst over there. Seems a bit unfair I can't lay claim to some of that pension he accrued at my expense ...

If it’s been cashed in then it’s not a pension. It’s cash. And available for distribution.

Oh right, I see. But he could spend it all before the settlement and it wouldn't be counted then as an asset as it wouldn't then exist? (divorce proceedings haven't yet begun)

No, but you could apply for a freezing order to prevent its disposal, or if the amount isn't that significant you could ask the court to add it back to the pot (so he gets less of what's left and you get more).

Okay thanks. I guess I won't know when he cashes it in though and he may well have spent it unbeknown to me by the time we get around to instructing solicitors