Army pension in divorce. Can anyone help?

Blimey growstuff. Greedy isn’t the word! Glad you’ve successfully applied the boot to the rear!

entitled to half his pension

mabon1

entitled to half his pension

There is an entitlement of half the assets after the debts have been paid. That may or not be the pension.

Is there any legal aid available to you? See if there are any local pro bono solicitors via Age UK and/or Citizens Advice. If your divorce was handled by a solicitor and you feel you have been badly advised, you should first contact that solicitor to raise the complaint. If they are not willing to rectify your losses you can write to the Law Society. I hope this helps

icanhandthemback

mabon1

entitled to half his pension

There is an entitlement of half the assets after the debts have been paid. That may or not be the pension.

It depends on a number of factors, including how long the marriage lasted.

Coco51

Is there any legal aid available to you? See if there are any local pro bono solicitors via Age UK and/or Citizens Advice. If your divorce was handled by a solicitor and you feel you have been badly advised, you should first contact that solicitor to raise the complaint. If they are not willing to rectify your losses you can write to the Law Society. I hope this helps

The divorce hasn't been handled by anybody.

Why don’t people read the thread before they wade in with their thoughts and totally incorrect advice?
And no, legal aid isn’t available.

Germanshepherdsmum

Why don’t people read the thread before they wade in with their thoughts and totally incorrect advice?
And no, legal aid isn’t available.

Germanshepherdsmum : Suggestions are not advice, but of course those who take the high ground are obviously far better qualified to belittle those trying to help

Be honest, you didn’t read the thread, didn’t therefore know that OP isn’t divorced. You also don’t know that legal aid is not available. Nor do you know that solicitors don’t handle this sort of work pro bono. I’m a retired solicitor so perhaps better qualified than you.

A legal separation order made by the court would not include a final financial order. So, if you want to resolve finances permanently , you are entitled to apply for divorce on no fault grounds and seek a financial order that divides the parties assets, income and pensions fairly and takes into account the parties needs. The divorce application is straight forward but the financial order and pension splitting is likely to take time and you may need to employ a solicitor to deal with this and the disclosure process. Capital assets and income from all are all taken into account. You have not provided enough details of matrimonial assets and other resources etc but you may not get half you husband's pension if the value of your capital is higher than his and your own pension income will be taken into account as well. You will have to pay for legal assistance upfront, usually monthly, either from savings or borrowing, but if your husband is unreasonable you may get some costs awarded to you.

If you are not divorced and he dies before you, you would be entitled to a widows pension, but you lose this entitlement on divorce.

During my divorce I got in touch with my ex husband's pension fund . The senior official I spoke to on the phone was helpful and gave me the info I needed which was that my ex husbands new second wife would be the sole beneficiary of his widow's pension as there cannot be two widows.

I was not a serviceman's wife, however the fighting services too will have pension funds and you could get in touch with your questions.

growstuff

icanhandthemback

mabon1

entitled to half his pension

There is an entitlement of half the assets after the debts have been paid. That may or not be the pension.

It depends on a number of factors, including how long the marriage lasted.

You are quite right growstuff, it is a starting point and other things can skew it either way. The other thing that will seem very unfair is that it the state of affairs when they fill in the form. A neighbour agreed a loan to her ex husband because he said that he would get work done on the house so that they could sell it for a better price. He spent the money on his girlfriend and booze. The solicitor said that she would have to accept that the loan was part of the marital debts even though she hadn't seen a penny.