Pensions and divorce

[Ginaholic22]

My husband got divorced before I met him, things were quite amicable so after 2 years of separation they did the divorce themselves through the courts, the marital home was sold and proceeds were split but there was no clean break order.
Call him naive or stupid, but he’s not good with things like that so he just left it to his ex to organise.
Over the years things have got more messy and nasty eg disputes over contact with the children and maintenance.
I’m concerned that his ex could try and claim half of his pension, even though they have been divorced for nearly a decade.
However, his ex’s pension pot must be at least equal to, if not more than DH’s pension pot, she’s on a higher income and works in the public sector where I believe pension contributions are higher than most private sector pensions.
Would she still be able to make a claim on his pension if she’s got her own very good pension?
Is there anything we can do to prevent her claiming now or in the future?
DH isn’t rich, just an average bloke on an average income with an average pension but his ex is very money motivated and has bragged about trying to be as “destructive” as possible, so it is a worry.

Unless there was a consent order dismissing all financial claims she is entitled to apply for a pension sharing order. If she has not remarried or she started financial claims in the divorce petition she can apply for a full financial settlement. That doesn't mean she would be successful. Her pension and other assets would be taken into account when deciding whether or not she should receive anything.

Your husband can apply for a pension sharing order himself. However, as he has remarried he cannot apply for a full financial settlement unless he started financial claims in the divorce petition.

Who was the petitioner?

sorry I’m not sure on all the legalities of it, she divorced him but as they’d been separated over 2 years there was no blame.
DH just remembers signing the forms she sent him saying that finances and child contact was agreed between them.

They were only together for 4 years, married for 9 months before separation.

There’s no other assets, there was little equity in the house due to the recession eating most of it up, no savings or investments.
She’s not a home owner but DH and I own a home together, we do have some equity but this is mostly from the sale of my old house.

I just wondered whether she would stand any chance of claiming anything when she earns a higher income and is likely to have a higher pension pot, especially since they weren’t married for long.

Your description of him signing something about finances is too imprecise but it does sound as if there are no financial orders.

As she divorced him she can still bring a financial claim, but as he’s remarried he can’t.

If however her pension was worth more, and she earned more, I can’t see why she’d bother because there’s nothing in it for her.

I know nothing about divorce regs, but if she has a defined benefit pension in the public sector and he has a defined contribution pension in the private sector on a lower salary, her pension will likely be worth many many times his.

That’s great, I just wasn’t sure if her financial situation would be looked at or whether she’d be entitled to something just because they were married and the mother to his children.
I understand why the law is there - eg if a woman gives up her career to care for children and therefore sacrifices pension contributions, then of course she should be able to claim some of her husband’s/ex’s, after all that’s a decision they made together. So the law is there to protect people.
But that isn’t the case here, she’s got her own (presumably better) pension so I would like to think that would mean she wouldn’t be able to get her hands on DH’s.

@Ginaholic22

Sounds potentially messy. What does your husband want out of it now? Is he happy to regularise their situation so that there is no likelihood of future claims?

Unfortunately it sounds like he needs some legal advice and I hesitate to suggest it as you are into potentially £300+vat an hour but you may be able to find a solicitor that could do it on a fixed fee basis is she is amenable.

Ironically it does sound like his ex is more vulnerable than him as she is at risk of losing some of her more valuable public sector pension, especially now as his private sector one has probably had a nosedive in value.

Just to give you an idea, whilst valuations for divorce purposes are done differently, a friend recently looked at the difference in value from her existing public sector pension to a private one whereby her contributions and her prospective employers contributions amounted to 15%. She is on just over average salary for the U.K. and the difference in value amounted per year to £6k which was based in calculations towards her annual allowance. That was the difference in salary required to make up the difference so her pension is likely to be far more valuable. However, offset against it lawyers fees and even worse relationship with her.

He needs to decide what he wants but I would suggest doing nothing is not a sensible way forward as if he inherited or won the lottery she might decide to launch a claim.

A painful example is this www.theguardian.com/business/2016/jun/10/ecotricity-founder-dale-vince-time-limit-divorce-payout-claims

@MarieG10

DH doesn’t want anything, he definitely doesn’t want any of his ex’s pension, he just doesn’t want her to come after his pension, he wants as little to do with her as possible.
It’s just this niggle we have, always wondering if she’s plotting to try and make a claim, I just didn’t know whether it was something she would be successful at doing if she tried.

DH doesn’t play the lottery - I play it under my name, the money comes out of my account on purpose.
He’s not likely to ever inherit anything of huge value, his parents have a very modest house and he’s one of 5 siblings, he’d maybe get £20-£25k ish if neither of his parents need to go in to a nursing home. Obviously this could easily end up being nothing/very little if one or both of them needs care in later life.
I don’t think it would be worth her while to go after any inheritance he might get.

She can’t make a claim on our house can she?

If there has been no financial settlement it is open for her to apply for one at any time. If she did, he would have to declare all his assets including his share of your house. That doesn't mean she would succeed in getting anything from him but she could try.

This is why it is important to get a financial settlement in divorce, however amicable things are at the time. Unfortunately it is too late for your husband to get a settlement as he has remarried.