Terry & Co Home

Welcome! Log In Create A New Profile

Advanced

Pensions and divorce?

Posted by My Future 
Pensions and divorce?
February 28, 2021 10:31PM
Hi, This is first post on this forum after lurking for a while reading lots of information on here and on the home page.
I've probably got a million and one questions about the whole process of divorce and the issues around it. So if anyone can help me with any advice it will be greatly appreciated.
So firstly with regards to pensions and divorce is my partner allowed to claim against any pension I may of contributed to before we were married and also any pension I've paid into since we split, or can they only claim against the matrimonial part of the pension that I contributed to whilst married?
Re: Pensions and divorce?
March 01, 2021 10:30AM
Details are important. A pension built up over 25 years when a marriage has lasted one year is very different from a 25 year pension and a 24 year marriage. Then there are things like ages and reasonable needs to consider. Courts do not decide cases in the abstract. They rely upon the particular facts of individual cases.
Re: Pensions and divorce?
March 01, 2021 06:21PM
Hi David, thanks for you prompt reply.

We married in 1990 and separated in 2015 and have since lived apart. Hoping to get divorced this year.

I'm 56 years old and wife is 50 years old.

Children are grown up and have moved out of the marital home.

I did pay into a pension before we were married for about 7 years.

Only pension I've paid into during our time living together was for a period of around 5 years into a company pension.

and my wife paid in her company pension for around the same amount of time.

Since I moved out of the marital home I've lost my job and been made bankrupt.

I've now got alternative employment since 2017 and been paying in their company pension scheme to date.




Regards



Edited 1 time(s). Last edit at 03/02/2021 03:05PM by My Future.
Re: Pensions and divorce?
March 02, 2021 09:04AM
I think it unlikely that pensions which you have acquired post separation will come into the calculation. If you and your wife contributed roughly the same amount to pensions during the marriage then it is possible that pensions you built up before you left would be excluded. However, it is a long marriage so there can be no absolute certainty about that.
Re: Pensions and divorce?
March 02, 2021 02:26PM
Thank you David, your reply is greatly appreciated



Edited 1 time(s). Last edit at 03/02/2021 03:04PM by My Future.
Sorry, only registered users may post in this forum.

Click here to login