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2nd wife rights to pension on divorce

5 replies

PerverseConverse · 09/09/2018 16:53

Hypothetical question and can't seem to find an answer via google so thought I'd ask.

If the first wife was awarded a share of the husband's pension on divorce, would the second wife be entitled to a share if they then divorced?

Just wondering how it all works.

OP posts:
yoyo1234 · 09/09/2018 18:32

I would assume second wife would also have rights to the pension for the time they were married, eg if for 10 years then they would get circa 50% of what was accumulated by their spouse in that 10years of marriage. The spouse should also have a claim in what the wife had accumulated during the marriage (eg a share of her pension to). Obviously 50% would be a starting point negotiation and there are lots of factors to take in to account .

PerverseConverse · 09/09/2018 21:39

Thank you, that's how I figured it would be.

OP posts:
mrsmalcolmreynolds · 13/09/2018 22:39

I'm a lawyer specialising in this area - a pension that has been shared before can definitely be subject to another sharing order. As PP said, how much the share ultimately is is really a matter for negotiation. Sharing orders can be quite fiddly so sometimes it's best to transfer other assets instead.

PerverseConverse · 13/09/2018 23:02

@mrsmalcolmreynolds thank you. I'm struggling to get answers about pensions and divorce in general. Have you ever known of a case where the husband has refused to give his wife a single penny and this is upheld by the judge? No assets at all except pensions. His pension worth 4 times hers? Married and together 5 years, still married 5 years after decree nisi as husband won't engage with the process, delays by refusing to provide financial information, sabotages court hearings by not following the correct procedure and generally does everything possible to prevent FULL financial disclosure from his side whilst demanding to know where every penny goes on her side!

OP posts:
mrsmalcolmreynolds · 14/09/2018 09:52

Hi OP. I specialise in the pensions side rather than the divorce side so I just usually see the sharing orders when the pension scheme has to implement them. I'm afraid I don't get much visibility of the divorce process that goes on beforehand. I would have thought it would be very unusual for one party to a marriage to be awarded nothing though, unless assets are otherwise equal.

Sorry you're having such a difficult time.

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