Blocking Pension Share

Peter@BDM, I have always been told and have a financial report that pension sharing is a possibility even when pension is in payment. My FDR on next tues. so now I am really worried

Thanks Peter@BDM,

Answers it to some extent but seems complex. So any payments I make into my pension after divorce will not be included in what stbx might get? It is only pension during marriage that counts?

Peter

p.s. mine is NHS pension, a very good scheme.

Peter(ingout)

Under Scottish law, matrimonial property is defined as all the property belonging to the spouses jointly or separately at the date they cease to cohabit as husband and wife, or the date when divorce proceedings started if they continue living together. (This date is known as the relevant date.) For pension purposes, matrimonial property includes the portion of any rights or interest of either party earned from the date of marriage and before the relevant date.

There are three article in the magazine of the Law Society Scotland that may be of interest;

www.journalonline.co.uk/article/1002906.aspx

www.journalonline.co.uk/article/1003019.aspx

www.journalonline.co.uk/article/1003136.aspx

Also there is a NHS Scheme pdf available from the Scottish Public Pensions Agency;

www.sppa.gov.uk/nhs/divorce.htm

rlg

Yes, you are right a pension in payment can be shared. I suggest that if your stbx seeks a share of your pension you try to ensure that it is conditional on the share not causing disproportionate financial harm. In some instances, the value of the pension post sharing (both parts added together) is less that the value of the pre-share pension. There are also issues such as the age at which your stbx can receive benefits, if your pension is shared. This will depend on the rules of your scheme on such matters.