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Hello all,

I am really sorry if this has been already

opal,

I think this will depend on several factors including length of marriage (inc cohabitation)and where you live - things are different in Scotland.

Hadenoughnow

Hi Opal

That’s an interesting and rather unusual question, no wonder you couldn’t find an answer in other posts.

The first point is whether you are divorcing through a Scottish Court or not. If you are, then only pensions accrued during the relationship are taken into account. Otherwise, it is not quite so cut and dried. Some lawyers will argue for “the Scottish position” even for divorces in England, Wales & NI, others will argue that all pensions should be shared. The duration of the relationship often has a bearing on all this, with a “short marriage” (duration of five-years or less?) often being the trigger to argue that pensions accrued before the relationship should not be taken into account. No doubt, others (hopefully including some of the lawyers) will give you more input on this aspect.

The fact that the pension was actually a transfer from one scheme to another arrangement could cause some confusion for those not used to dealing with such things. If we assume that only the transfer went into the new pension and that no further contributions have been made (either by him or his employer), then the new pension should be treated as if it were still in the original scheme when deciding whether or not you are entitled to a share. If contributions have been made subsequently, then they must be considered on their own merits.

I am sorry that there is not a clear simple answer, but that’s pensions for you!