Can my husband protect his pension should we divorce

[user1497997754]

Just that really....hubby has his own business and puts a lot of money into his pension and I read a letter recently which states he is protecting his pension....relationship is abiit up and down at the mo and just wondered about divorce and pension.

I would doubt that he can unless he is actually prepared to hide it in a seriously underhand and dishonest way - even then, he would probably be found out. It would be a very good idea, though, to take copies of any pension related info that you can - starting with that letter that you saw.
Protect yourself.

He is only 51 and tells me he is looking to retire in a couple of years time....we have been married 11 years....I on the other hand won't be able to retire until I receive the state pension and not a full one at that...

.
It'llbe down to judge surely. If he protects one asset, it'll be taken in to account.

It would be difficult. In what way is he "protecting" it?

He can't take anything out of it until he is 55. Do you mean he is choosing to invest in it non liquid assets?

I don't know how he is going to do it...he doesn't talk about his finances and I don't like to ask I just assume he knows what he is doing. If he is protecting it I don't know why because 5 years ago we almost got divorced and went to mediation and I told him and the mediator that all I would want is half of the equity in the house and nothing to do with his pension or his business we don't have any children together so quite clear cut.

I think it might depend on how it is saved. If it is invested in a pension policy then I believe it must be declared as a asset in divorce proceedings. Pension providers have regulated communications and information they must provide in response to requests for information in divorce cases. It's for a judge to determine in dividing your finances I would have thought.

How is he planning to 'protect' it, from you? Or for tax purposes?

As a poster said above he won't be able to assess it before age 55 if it is a legitimate pension arrangement.

I'm sorry but no one can answer your question because the information that you have isn't clear enough.

Given your concerns about his approach, you might be wise to educate yourself. Start with pensionwise.gov.uk and moneyadviceservice.org.uk. The try to find out more about what he is doing.

Mince is right. My pension was better than my ex's and was left alone, but it was part of the whole financial agreement which took our solicitors about 6hrs to thrash out before being rubber stamped by the judge.

So your husband can try to protect it, but whether he succeeds or not will be largely down to the negotiating skills of your solicitor.

As mentioned he has protected his lifetime allowance.

Basically he can no longer pay into a pension scheme but it means that if the govt reduces the current lifetime allowance from £1 million he can still accrue £1m without paying tax.

If you divorced his pension pot is counted as an assest.

Thank you everybody for your information I will now make some enquiries and see what I can find out

If there is a pension order from the judge it will go from the court to the pension trustee so never mind his blathering.
Just say yes sir.
Then tell yr solicitor what you want and what he has said.

If the judge issues an order dont assume that the divorce make the order legit. I think you have to get yr solicitor to go back to court or back to the pension trustees within a period of time. Just make sure your solicitor is on it.