Army pension in divorce. Can anyone help?

I had a solicitor who at all points urged me not to ask for this or that as it would cost me and she knew the situation. Definitely not a money grabber.

Germanshepherdsmum

The OP isn’t divorced Gillycats. Still married. So she isn’t entitled to half her estranged husband’s pension any more than I am entitled to half of the pension my husband, with whom I live, receives. She has to get a divorce and an order of the court on financial matters in order to have any entitlement.

Ah, I wasn't clear as to whether the O/P had already divorced. so potentially she is still in the situation where there she can get what's right.

No Blame is easier than the old way but hasn't "solved" lack of co-operation. Ex had no pension nor resources at all but because of his MH problems - and a lot of imput from me to his MH people - he got a social housing flat, or I would have been really sunk and had to put my house up for sale.

The saving grace was that he has expectations of an inheritance which exceeds my house value so he was eventually prepared to sign the financial forms as a "Clean Break" - so I didn't get my hands on the inheritance. However I cant afford to keep up my house for long - usual stuff in an old house - so am moving and I want to get away from the memories too.

The whole divorce cost about £1200. Again, I do urge trying to get help and advice - and support - from Domestic Abuse people and their contacts.

Nannashirlz

I was told you wouldn’t get a claim to the pension if you remarried or lived with someone as a married couple or you were capable of working yourself. But my lawyer also told me to let it go. Fun of being a military wife isn’t it

Mine was having an affair and he was also controlling and I suffered verbally abuse and physical and he also give I will make sure you and the kids don’t go without as it’s my fault, yes I didn’t see that pink pig flying past neither lol

I was told you wouldn’t get a claim to the pension if you remarried or lived with someone as a married couple or you were capable of working yourself. But my lawyer also told me to let it go. Fun of being a military wife isn’t it

It might all depend on when you got divorced . Things regarding share of pensions have changed @nd the date could be a defining factor.
Citizen's Advice will be helpful

The OP isn’t divorced Gillycats. Still married. So she isn’t entitled to half her estranged husband’s pension any more than I am entitled to half of the pension my husband, with whom I live, receives. She has to get a divorce and an order of the court on financial matters in order to have any entitlement.

When I divorced my 1st husband we had to go to court about the financial settlement. He had been in the RAF. I wanted out and decided not to have a claim on any of his pensions. Plus I thought he’d help our 3 kids out with some of his money. How wrong was I! I wish with all my heart I’d claimed my 50% then I’d have given that to them directly.
I think Callistemon’s advice was very good. I think you’re entitled to 50% of his pensions, taking into consideration of what you have.
Good luck and make sure you get your fair share x

Thanks Wyllow. I was delighted that his solicitor told mine that I had his sympathy and when my barrister said to me during the financial proceedings ‘Your husband’s a bastard isn’t he?’! This stuff is costly and if one party wants to be difficult and prolong matters and can afford to, they will. Naturally, solicitors need to be paid! I’m sure the OP realises that she should have grasped this nettle years ago rather than leaving it until she has no money to pay for the necessary legal proceedings.

Since abuse was involved I'd contact the Domestic Abuse people and their recommended solicitors Toula. I have no way of knowing if work can be done at reduced rates if solicitors are funded or part funded but there must be a heck of a lot of women who need this help.

It has changed a lot since last April when No Blame divorce came in in terms of complete separation, but finances still rely on both parties negotiating and if not in agreement court proceedings. Both parties have to fill in financial forms and failure to declare all assets is not likely to go in his favour.

Under No Blame divorce the financial forms, even if agreement, still have to go to a court for what is apparently rubber stamping - but there is an element of duty of care there too - if things look as if one party has been severely disadvantaged, even if agreed it wouldn't go through. Needless to say, quite long waits with backlog of cases.

However, even the finance side was simplified to some extent. (Info from solicitor who helped me)

I'm sorry you had to go through so much, GSM, and you knew the ropes too. The hell of abuse is bad enough without the protracted money and will he won't he what will he do worries.

I’m afraid a divorce solicitor is very unlikely to wait to be paid out of whatever you are awarded. You may well not be awarded enough to pay the fees and it may be a very long time coming. He didn’t miss a trick at all. I know about protracted divorces - my husband defended my divorce petition and it took years and huge financial sacrifice on my part to be free of him - and he’d left me!

Wyllow3. My mistake was concentrating on finding employment to support family throughout marriage. Or perhaps it was the fear from living with an abusive narcissist who had total control. I believed him when he said "take half the proceeds of sale, take half the joint account (never happened - plus he had other sole accounts) take half the pension (never happened.)" Nothing in writing - all verbal instructions. If I go for no blame, I pay my share of Court costs which can be protracted proceedings from other side. I don't have the money - as was pointed out to me by solicitor. Actually, solicitor missed a trick in that I could have paid fees from monies I was awarded. Probably didn't want to put the effort into the work. As mentioned... Baroness Shackleton recently published an article saying protraction is how she, and other lawyers, make their fortunes and the law needs to change. I will wait until solicitors are back from holidays this May, and start 30 minute calls to legals all over the country in order to obtain a consensus opinion. Thank you all for responses.

Still married today ... he avoided divorce papers served on him. My costs were mounting so I had to stop proceedings. My only income was/is small State pension. He had had control of all money even before marriage. With hindsight..... . But thanks to all for responses.

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.

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.

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.

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

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.

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

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

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.

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.

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.

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.

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?

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.