new partners pension

When splitting the finances what will be taken into consideration? My hsband has a pension which i beleive I should be entitled to a cut of but IF I am currently with a new partner how does that then work out? My husband obviously is not entitled to any pension assets that my partner may have but would this effect my entitlement to my husbands pension?

Does nobody have any advice for me on this one?

Buzzz

Sorry no-one has replied to your post, sometimes it does take a wee while to get the response you want.

As far as Im aware, you are entitled to make a claim on your husband's pension for the length of time you were married (ie married for 10 years = 10 years claim on pension). Your new partner's pension should have no bearing on this (I think - but Im not an expert).

Ruby

Buzz

I can offer some input from a pensions perspective but I am no legal expert. I was rather hoping that someone else would respond who can offer you information that is more comprehensive.

As they say, fools rush in … so here goes.

If we look at the pension in two parts, it might make some sense. Part one is the pension promise made to your husband, which is likely to be an annual pension payable from a certain time. Part two is what are referred to as dependent’s benefits, widows pensions and possibly children’s pensions (if he should die before retirement age).

You have an entitlement to the part one benefits. The starting point is a 50/50 split, but factors such as length of the marriage and whether you are divorcing through the Scottish legal system or not, will all influence the outcome. As far as I am aware, the fact that you are with a new partner has no influence on the decisions. However, this is a legal rather than pensions issue and hopefully someone with expertise in this area will confirm or deny this assertion.

As things currently stand, that is that you have not made any legal arrangements concerning your husband’s pension; you may or may not fit the pension scheme’s definition of a dependant. Schemes set these definitions themselves and some are clearer than others are. Under the legislation that deals with pensions in divorce these dependent’s benefits can be dealt with alongside the main pension or as a separate issue.

Peter.

Hi there

A new partner will not have a bearing on pension sharing unless you are very near to or in retirement, when the court will look at the new partner's income and pension to ascertain if there is a need for you to have recourse to your husband's pension, particularly if there are other assets you can have to offset a pension share.

Amanda