Pension share

I am divorcing after a 26 year marriage and my husband is 12 years older than me. My problem is that he is refusing to share any of his pension which he built up before marriage as he had paid in for 25 years prior to our marriage. I worked part time to bring up the children. To equalise income accrued during marriage this works out at 19.38% of his pension pot and when I get my state pension gives me £19k and him £42k per year. My pension would have been much larger if I had been able to work full time and I feel I am not being compensated for this. I do have a new partner with whom I am living with which he is using against me and the fact that he is housing our adult children, through his own choice entirely,. My new partner has a small pension income only and isn’t as well off as my husband. All other assets have been split 50/50, we both have a house, one a 50% share and my husbands a much more expensive house. My solicitor thinks it risky to take this to court. I have asked for a 35% share of my husbands pension but he isn’t coming back to me on this and I don’t think that he will. Any advice please?

Why does your solicitor think it is risky?

They will be basing their professional advice on knowledge of the full facts.

I think she thinks it risky as he paid into his pension for 25 years before we were married which is what his solicitor is discounting. I am wondering if she is playing it too safe

Presumably as some of the pension contributions are over 50 years ago your ex is retired or old enough to access the pensions?

Did he contribute to a pension during the marriage or is that the 19.38% he is offering?

Yes he is retired and is 73 , I am 61. Yes 19.38 that ha is offering is a share of the pension accumulated during marriage which will even upour income giving me, when I get my state pension £19k a year and leaving him with £42k a year. I understand what he is doing but as I worked part time it doesn’t take a lot of his pension to even up income accrued during this time. I lost out on the opportunity of promotion and if I had worked full time I would have built up much more pension, I only worked two days a week as he was away a lot.

So what percentage of the pension built up during the marriage does this equate to?

It’s 19.38% of his pension. If all pension was taken into account the share would be 51% of his pension to equalise income. Gives me £19k per year, once I get my state pension and him £42k.