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Only asset is pension

  • poppadoodah
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25 Jun 17 #493748 by poppadoodah
Topic started by poppadoodah
My only asset is a forces pension. I am unable to work due to illness and am going through a divorce. Will the judge Oder a pension share if this is my only income. I'd be unable to pay my mortgage and become homeless.

Any help is appreciated

John

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25 Jun 17 #493761 by joem
Reply from joem
Everything goes in the marital pot including War disablement pensions as an income and Pensions pots earned under armed forces pension schemes (whether in payment or deferred) plus your Ex's pensions, savings, equity in property and income.

The split will be either by Consent Order as agreed between you and your Ex and then approved by a judge or ordered by a judge after going through the Ancillary relief process which is normally 3 hearings in front of a judge (not the same judge in the 2nd and 3rd hearings).

Any split of assets (unless there is a lot to split) will be done on a needs basis so if your need is greater you should get the greater share.

Sorry but cannot give a direct answer to your question as every case is different - in my case my preserved pension was not shared but my War disablement pension was included as income despite it being me having to live with the disability

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25 Jun 17 #493763 by poppadoodah
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Thanks for taking the time to offer your assistance.

Thing is , she is on benefits and therefore she's got nothing to bring to the table, but is raking in more than me. I guess my needs are more?

By the way, war pensions cannot be shared so there is a mistake made by the judge in your case

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25 Jun 17 #493765 by joem
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My war disablement pension was not shared but included in my income despite me making it clear I used this money to to offset the extra costs incurred due to my reduced mobility.

In the end it is just a spreadsheet exercise!

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26 Jun 17 #493797 by dukey
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Much depends on how long you were together if you have kids how old you both are what you both earn, and the list goes on and on.

Your better off having a lawyer write a report, a heads up as it were.


www.wikivorce.com/divorce/Legal-Advice-O...cial-Settlement.html

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26 Jun 17 #493815 by Peg15
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My partner is also going through the same. He got Medically discharged 3 years ago after 28 years service.One very big word of caution here is do not take any notice of any of the literature that the armed forces pension scheme produce it is very misleading. My partner was awarded a Service Attributable Pension which all the literature says isn't shareable!!! Veterans UK say it is so we are playing ping pong with veterans UK and the actuary instructed to do a valuation of his pension. My partners only income is his pension he is self repping as he cannot afford legal representation yet his ex is insisting on a minimum of a 50% share of his pension!! So it will be down to a judge to decide what if anything she gets. Fingers crossed for you armed forces pensions are a nightmare!!!!!

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26 Jun 17 #493860 by poppadoodah
Reply from poppadoodah
Well good luck to your husband, I hope he gets what's deserved.
Would be interested to know the outcome though M

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