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Pension issues with exH

9 replies

medianewbie · 18/01/2025 17:37

ExH had a local authority pension.

We Divorced in Scotland so first did the Minute of Agreement (£ separation) then the Divorce part (where £ Minute of Agreement is put into place). There was a gap of 13m between. Lawyers really hopeless. I now discover that exH began his pension (on ill health basis) 18m ago (now paid £15k p/a pension) plus drew down £20k. The pension pot was only split (50:50 one month ago.
Pension Co 'can't do anything' but did say they wrote to Lawyers to advise & said Lawyers might want to look at division arrangements again. I've looked back & Lawyers emailed me to say: 'all good, go ahead & sign Minute of Agreement (legally binding). Attached to the email was the note from pension Co but I didn't notice at time as my son was very unwell with Covid & leaving Uni. & in crisis.
My Qus are: should the Lawyers have advised me better ? can I recover any of the 20k ? why does he get 15k p/a pension when I will only get 11k if I want 10 years (I'd get 6.5k if I took it now)?

OP posts:
medianewbie · 18/01/2025 22:10

Anyone ?

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medianewbie · 19/01/2025 18:00

Anyone ?

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medianewbie · 20/01/2025 10:16

Bumping

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Hello2025helloworld · 20/01/2025 10:34

You might be better putting this on the divorce board. Good luck!

user243245346 · 20/01/2025 10:44

It's hard to know without all the facts. Was the pension the only asset? You can't stop him taking it and the difference in payments would likely be due to different age and circumstances.

What do you think they should have done differently?

medianewbie · 20/01/2025 11:45

@Hello2025helloworld yes maybe x

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medianewbie · 20/01/2025 11:48

@user243245346 because he took 20k out before the pot was split. Because Pension Co advised lawyer pension was in payment & 'you might want to renegotiate terms'. Lawyer emailed me ' heard back, go ahead and sign'.

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Redrosesposies · 20/01/2025 11:54

Presumably your pension is also due to be split so you can apportion it so you get more to take into account the unequal lump sum split.
Or you get a greater share of the house or the savings. It's the value of the total assets that are split 50/50 not every asset.

medianewbie · 20/01/2025 12:01

@Redrosesposies I don't have a pension. I have been a 24/7 Carer for 20 years for our two disabled young people. I am 57 and likely to remain a Carer well into my 60's. (ExH has no contact with them by their choice).

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