Armed Forces Medical Pensions on divorce

I currently receive a service invaliding pension and a war veterans pension. I am going through divorce and this area is showing her greed. We were married for 4 yrs prior to me being invalided out, I served 15 1/2 yrs. There is a difference in values. I have, unfortunately been injured in my new job and been off 6months with a bleak outlook. Can she claim on a medical pension? Surely I have the medical problem and its to assist me? I have offered her the house but she wants more. I am worried as I do not know my capability of work as I am not getting better. Am I right the pension can be used in off setting but not shared?

please help!

Hi Jelly1968,

Welcome to wiki, I am sorry you find yourself here but, you will get lots of support and advise.

Division of assets in divorce is dependent on many factors, one being the length of marriage and cohabitation prior, another is the needs of any children born in the relationship/marriage.

Pensions do form part of the marital pot and any pension can be subject to pension sharing. In your situation, future earning capability is also a factor.

Working on the assumption that you have no children between you, yours is a relatively short marriage, where the majority of your pension was accrued prior so that portion should not come into the equation.

Have you received any legal advise?

If you can post more details, members will be able to answer more fully.

Respective ages

Length of cohabitation & marriage.

Number of children and ages.

Equity in family home and outstanding mortgage.

Respective income from earnings.

Savings either joint or solely held.

Respective pension values.

Liabilities joint or sole.

Health of all.

I know its quite a long list but, this is the information needed to enable a more comprehensive answer.

Best wishes,

NWTT.

War Disability Pensions aren''t shared but the main army pension is shared. The War Disability Pension is a resource available to you which may justify a larger share of the main pension or other assets in your wife''s favour. YOu would really need professional advice as to what would be considered fair and reasonable.

Hiya,

If you google your plan: AFPS75 or AFPS05 then you can get the forces booklet regarding the pension.

Nowhere is right to give a better answer we would need more info.
How long was you actually married?
I was told (and hopefully this will be irrelevant to you as you have a medical pension) divorces start at 50/50. And some thing weigh off others. My ex served 24 years. We were married 14. So my starting point in the pot for the pension was 7 years, not half his 24 years. And although it was a starting point in the pot I wasn''t awarded any of it as it was weighed off against the equity in the house.

I found the Pensions department in Glasgow very very helpful. Maybe give them a ring.

Can I also say that I made sure that everything went on the table. I never had any intention of accepting a pension share from my ex but if I didn''t put it in on the table I certainly wouldn''t have got what I did.
My ex called me all the greedy toads under the sun but it was all part of the big picture and end result.

vivi36
I know what you mean about forces pensions. My stbx''s comes under AFPS 75, completed 22 years and now 3 years in to continuance. Has signed off and is out in 2 months time. We began in Sept 2011 to do voluntary disclosure. Found out Nov 2012 he''d signed off in July 2012. I think he deliberately planned it and dragged his feet accordingly. Only my applying to court for financial remedy has made him complete form E. He calculates pension split as you have stated, except there is nothing to offset against it. It also states on the MOD site that a court can award any amount from 0% to 100% to wife. This seems to conflict with stbx''s calculation of years married/years served X 50%. Guess I''ll have to wait and see!

Jelly sorry to hijak your post!

Sam if there''s nothing else in the pot then I''m sure your figures will be different. Did he get his lump sum gratuity? My did continuance and could only receive it when he actually left service.This was spot on in my case :http://www.mod-pc.co.uk/

Sorry again Jelly xx