Divorce - Claiming Pension

[MarciaClark]

A friend of mine is going through a divorce. She has tried to keep things as amicable as possible and split everything 50/50 with her ex husband. He has been exceptionally belligerant throughout the process and I take my hat off to her, she rises above the silly games and never bites. Today, she was notified by her solicitor that her ex wants a share of her pension. He is self employed and fiddles his books. On paper he earns £12,000 but he does almost all of his jobs cash in hand to avoid tax. In reality he actually earns £35,000-£40,000 but he has no pension. I have never heard of men claiming off the woman for a pension. I know of many women awarded a share of their ex husband's pensions and I am sure the law doesn't discriminate in that respect, but I was really shocked. Has this ever happened to any of you ladies?

It's more common the other way round. Because some are far more likely to take the career hit to raise children.

I don't get your post though? You know it happens. You know many women who have made a claim on the pension. Why would you be shocked it's a man claiming on a woman's?

Of course it happens.
Pensions are an asset.

It's all very well to say that he "fiddles the books" but at the end of the day your friend would have to prove that he does this. If his income is ( or appears to be) smaller than hers, then yes he can claim her pension when they get their divorce. Or she could agree to give him something else to offset the amount .

This works for men as well as women . When I got divorced I negotiated .....I agreed to give him the entire house, and I got to keep my pension. He got the better part of the deal since the house increased in value after he got it....but you make your choices in life. I was just glad to be divorced.

Perhaps I am just a bit naive then! Considering he had the entire contents of the house, the car etc, house is being split 50/50, I was very surprised he went for her pension. Purpose was my post was to enquire as to the likelihood of him being awarded a share of it?

I have never heard of men claiming off the woman for a pension.

Just because you haven't heard if it it doesn't mean it doesn't happen!

Of course he can make a claim. It is an asset which is up for negotiation. He has every right to putb it on the table.

It depends on their ages and the actual pension values. And a load of other factors.

Has she had legal advice? She should.

Considering he had the entire contents of the house, the car etc, house is being split 50/50, I was very surprised he went for her pension. Purpose was my post was to enquire as to the likelihood of him being awarded a share of it?

But that's not what your op said. You never asked about the likelihood or if people thought it was fair.

It was shock because a man is making a claim on a woman's pension.

Did she complain about him fiddling his books when they were together? Or was she happy to benefit from the extra cash?

My friend and ex agreed that he would not make claim on her pension if she did not make a claim on his business - so her pension was very much a part of the negotiating process.