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Legal, pensions and money

Army pension in divorce. Can anyone help?

(62 Posts)
growstuff Thu 04-May-23 08:19:33

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.

Toula Thu 04-May-23 07:55:28

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.

Toula Thu 04-May-23 07:40:01

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.

Wyllow3 Thu 04-May-23 05:42:51

(PS most solicitors give 30 mins free intital advice)

Wyllow3 Thu 04-May-23 05:41:41

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

growstuff Thu 04-May-23 04:36:28

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

crazyH Thu 04-May-23 00:38:48

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

dotpocka Wed 03-May-23 23:45:17

cross post!

dotpocka Wed 03-May-23 23:44:17

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

Callistemon21 Wed 03-May-23 23:40:54

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

V3ra Wed 03-May-23 23:25:48

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 Wed 03-May-23 20:32:52

I worked full time during his accrual of full Army pension rights. Short version - he wanted to live life of single man again. He gave me half the sale cost of property. He said I could have half of what was in joint account (never happened - he opened a sole account). He said I could have half his pension - never happened. I am in receipt of pension credits now. A solicitor has told me that I cannot afford Court costs at my age in order to gain my legal share of pension as he can just draw out the proceedings. On the off chance that this might have happened to someone else who won pension right... many thanks for info.