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Split of pre-marriage pension accruals

  • hotshot444
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16 Jan 20 #511069 by hotshot444
Topic started by hotshot444
I started paying into my pension 10 years before I cohabited with my current wife. We then lived together for 14 years. We have only now been married 6 years. We are now divorcing
Why, in English law, am I having to split my pension 50-50 when only 6 years of it were accrued during marriage and worse still, 10 years of it were accrued before I even met her?

What can I do to protect, as a minimum, the 10 years I accrued which were nothing to do with her?
Surely the Scottish approach is more realistic isn't it?

(BTW - my wife has always worked but CHOSE not to pay into a pension, even though she could have done... so now she has no pot to offset against mine. Feel like I've been taken for a ride)

So, advice please, or is UK law going to stitch me up?

  • Rickoshea
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16 Jan 20 #511072 by Rickoshea
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Because during the 20 years you were together the assumption has been your pension provision was going to be for both of you otherwise alternative arrangements would have been made some years back presumably.

Whether some can be set aside depends on all the assets available, if there isn’t going to be enough to make it equitable for both of you then the accrued pension nay be considered as the marital pot

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16 Jan 20 #511076 by WYSPECIAL
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There is also the argument that you both benefited from the extra spending money that was available at the time by her not paying into a pension scheme.

You might be able to ring fence the 10 years prior to you getting together but a lot will depend on circumstances and whats in the pot.

Post details of ages, incomes, children and all assets.

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18 Jan 20 #511084 by MarcusFox
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I'm in almost the same situation and I can pass on the advice my sol has given me. He says that in his experience, apportionment is often taken into account, or at least acknowledged. This can be true even in a long marriage. He advised me to keep making the argument for apportionment, advising me that even if I lose the argument and the court divides the full pensions, I may gain in other ways. He told me there is a lot of 'swings and roundabouts' in the process and the final outcome is a balance of all the arguments. Hope this helps.

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18 Jan 20 #511085 by MarcusFox
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One thing I discovered when the pensions actuary was instructed is that a common argument is that pensions are equalised at retirement age. Because of this your future pension accrual is also taken into account. If you are the main wage earner, she could get more than half your pension as it stands at present. Doesn't affect me much because I retire in 3 years, but I thought you should be fore-warned! M

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23 Jan 20 #511175 by hotshot444
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Thanks for the warning. I cant believe they take future accruals into account - unbelievable. So we get divorced, she gets herself re-hitched and has the double whammy of her new mans finances PLUS she has the benefit of a larger share of my pension which is being accrued while she sets up home with someone else? Who makes up these laws?

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23 Jan 20 #511176 by Rickoshea
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They aren’t laws they are guidance based on 1000s of divorces each year where no situation is alike so rules would be pointless and too inflexible. No one has sufficient details on your scenario to be able to give an accurate opinion

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