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Pension sharing after short marriage

5 replies

CatInTheHatAndThat · 29/12/2020 18:51

Couple lived together for 7 years, married for 2 of them. Both of them worked, had one child.

Separated 8 years ago but never got around to a divorce, in process now. No assets in the marriage, but wife now doesn't work as registered disabled and is demanding a lump sum from husband to sign a clean break to make their financial situation 'fair'. Husband works full time and is also resident parent of the child. He also now owns a house and has another child. Does not have a lump sum to give wife so will probably go to court.

What are the chances of the wife being able to claim on the husbands equity in the house and 50% of husbands pension?

Thanks in advance

OP posts:
prh47bridge · 29/12/2020 19:38

If they lived together immediately before the marriage the court may well include that in the length of the marriage, giving 9 years rather than 2.

For a proper answer to your question the wife needs to consult a solicitor. Anyone answering on the basis of the information given here is guessing.

The starting point with post-separation assets is that they belong to the party that acquired them. However, the first priority is meeting the reasonable needs of both parties. If that can only be achieved by dipping in to the post-separation assets, that is what will happen. Also, if the wife has in some way contributed to the husband's ability to acquire those assets, e.g. by supporting his career while they were married, that may give her a claim to those assets.

CatInTheHatAndThat · 29/12/2020 22:39

Thankyou @prh47bridge.

Both parties will be litigant in person as neither can afford a solicitor.

They were together for 7 years altogether, but married for 2 of those. They lived together when they got married. The wife did not contribute to the husbands career - in fact the husband supported the wife through university to obtain her degree in her occupation.

The equity in the house is negligible, and is also the roof over two small children's heads. It is not a big house but the husband is a high-ish earner. Salary matches outgoings. No savings.

Wife is citing extreme financial hardship.

OP posts:
Firststariseetonight · 29/12/2020 22:44

You may get more specific answers on the wikivorce website and forums. From memory they had a calculator for financial assets.

Collaborate · 30/12/2020 06:12

@Firststariseetonight

You may get more specific answers on the wikivorce website and forums. From memory they had a calculator for financial assets.
Such calculator are as much use as a chocolate teapot.
ChessieFL · 01/01/2021 14:19

It will also depend where you are. In Scotland pension sharing orders are only based on the benefits accrued during the period of the marriage.

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