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DIVORCE OR NOT TO DIVORCE

  • shareindex
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05 Apr 18 #500584 by shareindex
Topic started by shareindex
We are separated at the moment. My wife wants to live alone and wants a Judicial Separation rather than a Divorce. We have been married for 47 years. The house has been sold and split 50/50. Savings have been split 50/50. That leaves our monthly pension based income made up from: my Army Pension, my Civil Service Pension, my State Pension and my wife's 60% State Pension. I added all together and on separation I split that sum 50/50. My wife refused to take a bigger share of the house assets to free up my pensions in favour of an income for life (my wife's words). My wife is waiting out for 2 years before applying for Judicial Separation so that she doesn't have to give a reason to the courts. In the meantime I am paying my wife £700 a month to top up her 60% State Pension to equal my share. My question is (I suppose) really earmarked for someone who has been in a similar position.
Should I be including my State Pension in our informal split?
If I went for Divorce, and my wife still insists on an income for life would the family Judge include my State Pension in his calculations knowing that my State Pension can not be split like my works pensions can.
Would the CEV on my Army and Civil Service Pensions be much less than what I am being paid right now?
Only just realized that I posted much the same last year. Sorry.

  • hadenoughnow
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06 Apr 18 #500605 by hadenoughnow
Reply from hadenoughnow
Do either of you have any intention to remarry? You could be the petitioner in the divorce. The reasons you give for unreasonable behaviour can be pretty mild and she can disagree with the grounds but agree that the marriage is over.

It would seem.to me that is is entirely reasonable for you to have equal incomes. This is almost certainly how a judge would treat it. This may mean she gets a slightly larger share of the pensions to make up for her reduced state pension. Your state pension is only a lifetime benefit.

By divorcing, your wife would lose any potential widows benefit. She would, however, be able to have a pension share that would create a pension for her in her own right.

You can sort out the finances with Consent Order. Why not a look at the services offered by this site?

Hadenoughnow

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