Claiming on exdh pension.

[MuthaFunka61]

Hi,

I've been divorced for 25 years and brought up two sons on my own from the ages 2 & 4.

The divorce proceedings took 5 years due to a business being involved and the repeated avoidance in producing accounts,and this plus a marriage which latterly included dv and then harassment meant that by the time a settlement was offered I just wanted to cut all ties. My solicitor at the time advised I could apply for maintenance for myself whilst I raised the ds.

To cut a long story short,I'm now unable to work as I have a chronic health condition and so rely on disability payments.

My question is can I retrospectively apply for a payment for the years I lost earnings from my ex's pension or other funds?

Thanks in advance.

Sorry, you want to revisit a divorce from 25 years ago to get more money?

I would be very very surprised if that was legal, let alone ever done.

Have you applied for all the benefits you're eligible for? That would be a better route, I assume your ex has moved on now and has a separate life - he's not been responsible for you for a very long time.

Apologies if I've misread the OP and good luck!

Not sure since it’s been 25 years. Did you sign a financial agreement with the divorce? Your solicitor will be the best person to advise you.

I thought most solicitors were in favour of clean breaks when a divorce goes through. It would surprise me if someone could go back 25 years later to get more money because their circumstances have changed decades after the divorce.

I would assume not. This is why a clean break divorce is preferred. You could always get legal advice but 25 years is a long time!

My exh did appeal the financial settlement for our divorce but he was out of time (I think it was months not years.)

You've had 25 years to make up any lost earnings. I would be very surprised if you could make a claim now.

You can only generally use lost earnings during the marriage not since, spousal maintenance is generally awarded at that time and usually lasts at most until the youngest child turns 18 unless there's sn involved or unusual circumstances plus a long marriage

Thanks.

I was suggested by a friend that it would still be possible,but my thoughts're more aligned with the responses here so I'll put this idea to bed.

Thanks again.

Was the agreement finalised in a court order?

No. But I would recommend speaking to CAB if you haven't already to double check you're getting all of the financial support you are entitled to.

Wow! I dont think anyone should have a claim on anyone elses pensions!

If there was a financial order at the time (including a consent order) it would have dismissed all future claims, so you cannot make a claim against his pension. If there was no financial order and you have not remarried you can still apply but, after 25 years, it is unlikely you will get much, if anything.

If your divorce started before 2000, pension sharing orders are not available. If it was started pre July 1996, you can't even seek pension attachment.

It does seem incredibly unlikely you would be able to get anything this far down the line, but really it's hard to advise without a fuller picture.

@2pinkginsplease

Wow! I dont think anyone should have a claim on anyone elses pensions!

Really? You can't think of any reason someone should be able to claim on someone else's pension?

When a sahp misses out on earning as good a pension as the other parents because they are staying home to look after the dc?