Army pension

After being divorved from my husband in the forces 5 years ago, we agreed a lump sum of his army pension when he left,his 22 years service is due to end Febuary 2010. I have now discovered he is now serving an extra 5 years and has told me that i will have to wait another 5 years to recieve my lump sum.
Is this right?,can he do this? how can I get my lump sum in 2010,which for the past 5 years I believed was when I was supposed to recieve it?

Was this agreement made through a court ordered agreement? If not then it is possible you will have to wait - you may wish to contact a solicitor...

www.rafcom.co.uk/pay_allowances/pdf/divo...pension_benefits.pdf

It1972. The link above is ref military pensions on divorce. It should help you in some way. However, I think the only way that you can be sure is to speak to a solicitor. Or maybe you could try SSAFA (they have their own website)

My husband recently divorced me after 19 years together. We have yet to sort out the financial side of things (court on 27:( ) The one thing I know that he is worried about is his pension. He has said that I should have a share of his lump sum when he gets out. He says he intends to do this in a couple of years. However, with his recent history I cannot believe a word he says and suspect he is only saying it because he believes I will agree if I think its only a couple of years. The lump sum is released on discharge from the army so I suspect you would have to wait until he gets out. But as I said only a solicitor would be able to confirm this.

Take Care

Marsa
xx

I have read the booklet that you give a link to many times and have posted on here several times about forces pensions. Nobody seems to know what actually happens. I keep hoping that there is soneone out there who has actually been through the process who can tell us what happened in their situation! I am expecting to be getting a 50/50 split of his pension through a pension sharing order and as far as I can gather, I won't be receiving any of it until I am 65, regardless of the fact that he will get a substantial lump sum and a pension from whenever he leaves the forces (probably when he is 55).
Regarding OP if it is just an agreement between you, i.e. no court order, then I guess you would have to wait until he actually gets the money before he can give you half of it, unless he is very rich!

Thats it!! Decision made! I am in the right place work wise and have friends even better placed to find out information.

On monday I will begin my quest to find help and information for people in our situation.

I honestly believed when my husband decided I was surplus to requirement after 19 years of supporting him in what I believed was OUR goal that the Army would be there for myself and the children. I was surprised to discover that the army would just rally around the soldier (officer) and totally disregard the needs of the family. Duty of care should extend to the family not only the soldier. This should also include guidance through the process of pensions etc.

I makes me so cross, I am stamping my feet again. Its sooo frustrating.

I was determined to help wives and ex wives in our situation maybe this is my starting point.

Take care everyone

Marsa
xx

Whatever pension scheme it is - AFPS or whatever- only pension sharing under WRPA 1999 done with a court order gives you a pension in your own name- completely separate from the original pension.
If you agree to attachment/earmarking, the pension member still calls the tune on what happens with the pension.

PS - the age at which a new AFPS pension sharer/pension credit member can take a full pension has just changed :
www.opsi.gov.uk/si/si2009/uksi_20090544_en_1
Statutory Instruments
2009 No. 544
Pensions
The Armed Forces Pension Scheme etc. (Amendment) Order 2009

Made 9th March 2009
Laid before Parliament 11th March 2009
Coming into force 6th April 2009
........Article 10 is amended so that a pension credit member with a pension sharing order made on or after 6th April 2009 will now be entitled to a pension from the lower age of 55. Article 11 amends rule D.4 so that those pension credit members whose pension sharing order was made before 6th April 2009 (and who can only get their pension at age 65) can apply for a pension and lump sum from age 55 in the same way as others not entitled to an immediate pension. Under D.4 the amount of pension will be actuarially reduced because it is being paid early."

I am finding it difficult to understand how an army pension works and how it can be paid .
My ex leaves the army next year 22 year point he receives a gratuity as well as an army pension AFPS 75 .
He has said I will see neither but i think after 18 years of marriage and nearly three years of provable cohabitation which my sol said they really cant disregard as we also had two children before we were married .Do we get a percentage of the lump sum that is paid to us as a lump sum or is it paid as part of the pension.
I am not sure at the moment whether i will be seeking pension share or attachment.
At the moment because i would need support now I would properly go for an attachment order but do I also get part of the lump sum paid out as a lump sum as well on top of that.
And is an attachment order paid from the day they leave after their 22 year point or when the solider is 55 I was under the understanding that if a solider does 22 he is paid an intimidate pension and if an attachment is ordered then it gets paid from when he gets paid is this right as I said before i don't understand it at all and was hoping some one could explain i terms that I might understand.
Also is it not a good idea to get the pension sorted before the divorce is made final because what if they were to die or to get remarried surely benefits and rights to it could be lost that is just my way of looking at it but as i said I really don't understand the pension at all
Thank you so very much x