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Legal, pensions and money

Can she take half his pension?

(21 Posts)
Nanny27 Mon 11-Jun-18 11:46:11

I would be so grateful for some advice. My Oh was previously married for 6 years. They had a daughter who is now 22. OH and I met when he had been divorced for 3 years so I wasn't the cause of his break up. We have now been married for 10 years and he is due to retire in 5 years. I am so worried that his ex wife might put in a claim for a percentage of his pension. They never had a clean break divorce. Do other gransnetters think she would have grounds to make a claim? Is she likely to be successful and would it cost us money we don't have to go to court? I am so worried.

Eglantine21 Mon 11-Jun-18 11:51:16

I’m afraid so. And not only his, but yours as well. You need a solicitor now!

On the other hand he can make a claim on her assets too.

humptydumpty Mon 11-Jun-18 12:12:03

Go to CAB, Nanny27

sodapop Mon 11-Jun-18 12:27:24

Yes Eglantine is right. Time to seek professional advice I'm afraid.

Nanny27 Mon 11-Jun-18 13:10:25

Oh dear. Thanks everyone. OH did consult a solicitor when we first got married who said that the longer the ex left it before claiming the less likely she was to be successful. However I was still worried. How can she claim my pension?

Oopsadaisy53 Mon 11-Jun-18 13:15:19

Because you are married nanny and whats yours is now his! And what’s his is quite probably hers as well.

It’s a bit late to say that this should have been sorted out when he divorced, but it might make other people more aware.

Cabbie21 Thu 14-Jun-18 08:54:33

I would suggest that a solicitor specialising in divorce is the way ahead.
There are various ways the couple’s finances can be split.and various ways the pension can be treated after divorce. The ex could agree to give up all pension rights, by offsetting the value against other assets eg house, savings etc.
She could claim a 50:50 share of the pension if all other assets were split equally at the time of the divorce.
It is now more complicated since your partner has remarried, but if the ex has also remarried, there may be other factors to consider.
With respect I suggest CAB is not the best place for this issue, as it will need more specialist input and advice tailor made to your precise financial situation.
You may not need to go to court. Mediation is cheaper and can achieve a split that is likely to be more acceptable.

Luckygirl Thu 14-Jun-18 09:26:05

That all seems a bit harsh! I do hope you can get the advice you need.

Tweedle24 Thu 14-Jun-18 12:01:48

You are right, Cabbie21. Others need to be aware.
I was lucky that my solicitor, when I divorced, was very aware of the possible future problems. I was earning more than my husband at the time.
We had a clean break divorce so I never had to worry about a claim on my pension.
Sadly not everyone is aware that this is a possibility.
Nanny27. Has there been any indication from your husband’s ex that she is likely to make a claim?

Nanny27 Thu 14-Jun-18 14:45:15

teeedle24 no she hasn't made any move yet but she has always seized on any opportunities to grab money from him so I guess it's just a matter of time. A solicitor did say a few years ago that the longer she left it the less likely she would be of success

Eglantine21 Thu 14-Jun-18 16:30:20

Success is related to dependency Nanny. If she can show that she needs a proportion of the pension to maintain a certain standard of living in retirement, then that will be allocated to her.
Do you know what her financial position is, at all? Bear in mind that if she is better off in retirement than your husband then he can claim from her.
This happened to a friend of mine who had worked her socks off and ended up having to give some of her pension to her ex.

Tweedle24 Fri 15-Jun-18 14:58:03

Nanny 27. The reason I asked if any mention had been made about a claim is that she may not have thought about it. It would probably be wise to consult a solicitor now so that you are already forewarned should the matter arise from her.
I do hope it does not come to anything,

Nanny27 Fri 15-Jun-18 15:20:12

Thanks everyone, I'm so grateful for your help. We have consulted a solicitor today who says she would have to make a good case for needing extra money. She and my husband both worked full time so would have similar pensions. She has no entitlement to any money I might have like inheritance.

Telly Fri 15-Jun-18 19:24:35

Without a clean break it might be possible. I would seek some legal advice for peace of mind. It may be as others have said she has a lot to lose so would not risk legal action.

PernillaVanilla Tue 17-Jul-18 13:06:03

* Ooopsadaisy 53 Because you are married nanny and whats yours is now his! And what’s his is quite probably hers as well.*
That is simply untrue. The courts will take into account general circumstances but what is the OPs is hers and the courts have no powers in relation to her pension. If she made an application the court would take into consideration the short duration of the marriage and her financial circumstances in general. I do wish that people would not make up the law as they go along and then present it as the truth.

Nannarose Tue 17-Jul-18 13:47:09

I think professional advice if you can afford it. CAB can be hugely helpful, but they are rather overwhelmed and you may have to wait.
However, in the spirit of this board - the main 'claim' on her part will be what she has missed out on, for whatever reason. Your pension won't usually come into it, but your general circumstances might.
Example:
Woman helps man to build up a successful career, maybe by working unpaid in his business, maybe by giving up her work to concentrate on the child whilst he worked long hours or studied. At the end of her working life she has a 'pension gap' from the years she didn't contribute - specifically because of their relationship at the time. He has a very good pension because of the boost she gave his earnings.
If something like this is the case, it should have been sorted out ages ago.
My mother told me to make sure that I had my own pension. Because my OH worked long and irregular hours, I stopped work for a few years when the children were young, and asked him to pay into a pension for me to cover those years.

Eloethan Tue 17-Jul-18 15:04:44

Surely the percentage of pension that can be claimed would depend on the length of the marriage and other factors?

PernillaVanilla Tue 17-Jul-18 15:24:45

She might have a pension of her own. My family law is a little rusty ( was a solicitor|) but I suspect her claim would be small, as presumably OP's DH has grown the pot with contributions since the divorce.

notanan2 Tue 17-Jul-18 16:15:59

well thing is he is entitled to make a claim for half of hers too so you have that card to play

cornishclio Tue 17-Jul-18 17:29:21

As the marriage only lasted 6 years and presumably he divorced more than 10 years ago it is unlikely she would be given anything. It would be linked to the value as it was when they split not the current value. He also could claim on hers if she has one and the solicitor is correct if she has not yet made a claim I don't see why she would now. Were there no financial details sorted when they split? What about property? Many women forego their ex husbands pensions in exchange for a bigger share of any property which is a mistake in my view.

jeanie99 Fri 17-Aug-18 08:27:52

You need to take advice from a solicitor.

You can get a free half hour session from some solicitors in your area make a few phone calls to see who is available and ask the questions you are needing the answers to.
Best of luck.