Army pension in divorce. Can anyone help?

Did you use a solicitor during your divorce, and if so weren't both your pensions taken into account during the settlement?

From what I have been told you would have been entitled to half his pension accrued during the years you were married.
He would have been entitled to half of yours in the same way.
Or did you each just keep your own?

I'm sorry if you were badly advised and are at a disadvantage now Toula 😕

Toula You have not been well advised.

Contact the Armed Services Veterans Welfare Services for advice. They may be able to advise you on your legal position.
www.gov.uk/guidance/veterans-welfare-service

If not, the Royal British Legion will have Welfare Officers who may be able to help.
www.britishlegion.org.uk/get-support/physical-and-mental-wellbeing/crisis-support#:~:text=Call%20us%20on%200808%20802,from%208am%2D8pm%20every%20day.

www.google.com/url?sa=t&source=web&rct=j&url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/922627/AFPS_Divorce_guidance_13Feb20.pdf&ved=2ahUKEwjb-Y-nm9r-AhXJMMAKHayWCMcQFnoECDgQAQ&usg=AOvVaw1G0e-Zro6fIL8-gspba1L2

dont know if it help i am in the states but for things like that you call local base /a national number if posssible
and some times online to apply / you get every thing to
gether his service numbers and thngs like that

bump
to get someone to help i was in thatboat too

cross post!

A good solicitor is what you needed. It seems quite wrong.
It’s a few years since I’ve been divorced and I don’t know how Army Pensions work. My ‘settlement’ included the family home and monthly alimony, which did not come directly from the NHS, but from his income . He kept the Surgery.
Callistemon has given you some good information. You probably could appeal - good luck Toula

It depends what was in your separation/divorce agreement. You're not entitled to anything automatically. You need to see a solicitor.

Free 30mins advice?
www.armedforcesdivorce.co.uk/?gclid=CjwKCAjwjMiiBhA4EiwAZe6jQxRs1msGbd0QrlMN5b1dEVNK9VYm6WvpVIShjFVOrnk5GJo08W6HmBoCHEAQAvD_BwE%3Fgclid%3DCjwKCAjwjMiiBhA4EiwAZe6jQxRs1msGbd0QrlMN5b1dEVNK9VYm6WvpVIShjFVOrnk5GJo08W6HmBoCHEAQAvD_BwE

(PS most solicitors give 30 mins free intital advice)

Thank you to all for your advice. I had learned that Courts would start at 50/50 at Nisi stage. It was 30 minute free advice from solicitor who told me, at my age, the costs would be excessive and not worth proceeding because other half could protract matters somewhat to hang on to his pension. I am guessing there was no money in it for the solicitor. (Q. What other animal has thick skin, and charges a lot...? A. Solicitors). I note Baroness Shackleton (yes, that one) has recently publicly stated that laws need to change as this is how she, and other family lawyers, make their fortunes in protracted cases. I am thinking of mailing her and asking if she offers 30 minutes. I heard on news this morning that MoD are a law unto themselves. Who knew ?(sarcasm). I asked my local MP to get a table motioned in Parliament regarding an equal pension right - but he backed off when presented with a lengthy, forceful letter from MoD. I am reluctant to contact Army charities - so many others in the Army need their help in worse matters. I will work it out somehow.

V3ra. I would happily throw my pension into the pot. His State pension is almost twice that of my State Pension. His Army pension is nearly 3 times his State pension. Little wonder that solicitor did not want my business. It was indicated that I could have passed over well before Court ruling.

I don't know what you mean by "your age".

When was your separation/divorce and what was negotiated at the time?

I'm divorced and negotiated a "clean break", which means that neither of us has any claim on each other's pension. My partner is going through a divorce at the moment. His separation agreement stated that income must be equalised when he retires ( he hasn't yet). That means that both pensions are taken into account and halved. There can be no argument about that. So it all depends what was agreed when you divorced.

This is nothing to do with any solicitor not wanting your business.

I had a lovely solicitor Toula but what puzzles me is that the Armed forces seem to act differently from other walks of life. I'be been divorced twice, most recently under the No Blame laws.

Please don't be put off the charities Callistemon21 gives above. It has to be worth a try. I'm also pretty disgusted with your MP. I have just googled and it clearly says,

"Is my wife entitled to half my military pension UK?

Whether you are currently serving, a retired veteran or a member of the Part Time Volunteer Reserve, your military pension is considered a family asset – and therefore needs to be taken into account fully when dividing up family assets.

This is a sideways take on it - I think you have been abused, and it might be worth ringing your local Domestic Abuse support - they might not be able to help much, BUT I was given a list of 6 solicitors all women of course who would be particularly sympathetic and again the free 30mins.

I's assuming the divorce has gone through, which is why its matter of taking your Ex to court? is it possible to get a pro bono solicitor or a solicitor who will wait to be paid when court awards you pension?

Or are you in the middle of a NO Blame divorce and its the financials and your Ex is forcing you to take it to court by not co-operating? Is there anything in writing about him giving you half the savings?

You are entitled to half of his Army pension ( as long as you never re marry), call the army pension line. When the time comesfor his state pension, again as long as you haven't re married you are entitled to some of that also.

grannypiper

You are entitled to half of his Army pension ( as long as you never re marry), call the army pension line. When the time comesfor his state pension, again as long as you haven't re married you are entitled to some of that also.

No, I don't think Toula is entitled to any of her former husband's state pension (but could be wrong). Incidentally, you are entitled to the pension whether you remarry or not.

Please don't take advice from here. Go and see a solicitor.

The divorce itself is separate from the pension-sharing arrangement. What matters is the formal separation agreement - hopefully there was one and not just some kind of verbal agreement.

Did you use a solicitor when you divorced and how long ago was it?

Btw solicitors who advise that court action is potentially too expensive are acting in their clients’ interests. It would be easier to take the clients’ money then part way through drop the case because the clients can’t afford to take matters further. Solicitors aren’t charities - they have offices to run, staff to pay.

Very true growstuff. I suspect some verbal arrangement between the parties here without legal advice rather than a court order on financial matters.

I am reluctant to contact Army charities - so many others in the Army need their help in worse matters

Please don't be put off the charities Callistemon21 gives above. It has to be worth a try

I posted the links because they might be able to advise on the facts of the case without charging a fee - I'm not suggesting you need charity aid, Toula

I can see that you posted in 2021 about your separation and many posters urged you to see a solicitor. I hope you did. He/she should have drawn up a legal separation agreement at the time, which will have included your ex's (and your) pension.

There are a number of variables. I'm assuming no children are involved. It makes a difference if you were married and how long the marriage had lasted.

I doubt if courts will even be involved, unless the arrangement is a particularly complicated one, which it doesn't sound as though it is. Legal costs are usually split.

You really must see a solicitor, if you want anything sorted. If you've already been told that it's not worth your while claiming, there will be a good reason which is nothing to do with your age or the solicitor not wanting to take on a difficult case.

PS. You don't have a legal share of his pension, unless there was some kind of written legally enforceable agreement.

Quite right growstuff. It doesn’t seem that the parties obtained a court order as regards finances at the time of divorce. If it’s possible now to claim a share of the ex’s pension then a solicitor will obviously charge for doing this and yes, the ex may prolong matters at the OP’s cost. It’s no good blaming solicitors for wanting to be paid for pursuing a share of your ex’s pension if you decided not to obtain legal advice on a proper financial settlement at the time of the divorce, but just agreed on a financial settlement between yourselves without thinking about pensions. Nasty jokes about solicitors, who could have prevented this, don’t endear you to solicitors - you’ve got yourself into this situation by being unwilling to pay a solicitor to prevent this happening so don’t blame another solicitor for telling you what you don’t want to hear.

I've been through this myself, and all of these issues should be agreed between both your solicitors as and when the terms of the divorce are set out. This is standard practise, and should not involve you in anything more than the "normal" negotiations as the divorce proceeds. I really don't understand your solicitor's advice about not being able to afford court costs. Seems very odd to me, and not good advice at all. I think I'd be looking for a second opinion.

NanaDana, it’s clear that the divorce happened some considerable time ago without, apparently, a court order as to financial matters. The parties obviously came to an unenforceable agreement between themselves. Their choice. Revisiting finances may not now be something the OP can afford, hence the advice. As a retired solicitor I consider that the OP may have been given very good advice. As I said earlier, easy to take money then drop the case when the client can’t afford to continue.