Information on Pensions
Full Question -
I'm still working and earning a final salary related pension. I have had a 33% pension share order implemented by the administrators. There was a significant delay in implementing the order (ie setting the Valuation Day). Should the administrators have applied the 33% to benefits earned (by virtue of the additional service) in the period between the transfer day and valuation day?
You will need to read the rules applicable to the pension to find out the answer to this. It is usual that the amount to be shared is the amount set out on the valuation date.
believe that there is a strong presumption of a 50:50 split being applied to a couple's pension 'pool'. I have read white v white and Charman v Charman.
They seem to support my assertion. My solicitor is strenuous in her argument for 50% of the pot being rightfully mine. I am currently in mediation with my former husband. The mediator has said that there is nothing in English law that says that 50% split is certain. My husband jumped at this comment! We separated in October 2003 and the Decree Nisi was issued October 2004!
My husband asserts that (1) some of his police pension - he is a chief superintendent - was earned in the 2 years before we were married. (2) the pension should only be valued at the 'pre 25 year's service'. It doubled after this!! (3) His need is greater so I should get less.
We were married in 1981- 22 years.
Have 2 daughters; 1 at Uni and the other completing A levels this summer.
I would really appreciate information as to whether the courts would be likely to seek to split the pensions on a 50;50 basis. We managed to split the house and endowment in that way. I receive no maintanance nor had any capital amount that could be seen to offset the pension. Many thanks.
I take the view that the pension should be split 50/50. The marriage is a long one. You will be seen as the homemaker and the pension would have been shared by you equally had you remained married to him. Go back to your Solicitor and follow his or her advice to push for the 50/50 split. If however he comes back with a slightly lower offer then do consider that since pursuing this through the Courts may well cost you more than the difference in the long run.
I was divorced in 2007 and a consent order was made, property transferred and maintenance is being paid. I was never advised by my solicitors that I could get a share of my ex husbands pension. We were married for 10 years in which time I brought up our children and had no income.i have just re married.
As you have remarried you cannot claim now for his pension, it is too late I am afraid. However your final settlement may have included an offset of assets which could have included his pension. If not then may have been negligent and you should go and have another solicitor review your case.
My husband and I have been Married for 29 years, but separated for 5 years. am I entitled to ask for pension sharing. He says his works pension is not worth the paper it is written on, and is only worth approx £10 a week. He wants us to do a DIY divorce and for myself not to ask on the divorce papers for pension sharing. He is angry I have even thought about it, as we split up the proceed of the house and contents approx 4 years ago, and he thinks I have had more than my share!!!! any advice would be welcome. Thank you.
Yes, you are entitled to look at the pension. However if you have a pension as well, your pension would have to be taken into account as it is the pension assets of both parties that would need to be looked at.
If he has a small pension it is the value of the fund that is important not the payment at the end.
For instance id you do not have any pension provision you can ask for a pension sharing order for 50% of the CETV (current equity transfer value) of his pension.
With the divorce you will need a consent order to be set up to provide for the pension sharing order. The order will also set out what you have already agreed and dealt with and then go onto make a clean break between you, so once the pension sharing order has been implimented. no future claims can be made.
The pension fund will set up a fund for you if you do not have a pension already. This will then be paid to you upon retirement. You can then contribute to that fund your self as it grows.
Divorce-Online can help you with your divorce and pension sharing orders using managed divorce and consent order service which currently costs £299 incl.vat
With Divorce-Online, the process takes on average 3-4 months to conclude.
Full question -
My wife and I separated amicably 3 years ago and are now embarking, again amicably, on divorce and full financial resolution. We have no children and both worked full time throughout the marriage and continue to work full time. We are fully agreed on the appropriate split of marital assets and a consent order would therefore be the obvious way forward. The only practical issue is pension splitting (my pension will be larger than my wifes for a variety of reasons). My question is a very practical one. Can you draw up, in the context of a consent order, the appropriate pension sharing order? The answers to previous questions have left this a little gray. We have worked very hard to avoid arguing and having a legal battle and are keen, with all due respect, to leave solicitors out of it as much as possible. Thanks for the great site.
The consent order service we provide will include the appropriate pension sharing order and documentation.
Pension sharing orders are dealt with in percentage terms.
If you are dividing your assets on (say) a 50/50 basis, you would add your pensions CETV's together and simply divide by 2.
That figure is then worked out as a percentage of your fund. That percentage would be the percent placed into the order