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What is she entitled to from my pensions?

  • 220e
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31 Aug 20 - 31 Aug 20 #513925 by 220e
Topic started by 220e
Hi.

I intend to divorce my wife.

I am 62 years old. I am unable to work as I am registered disabled.

I am in receipt of a military pension which I brought to the marriage.

I am in receipt of a Police pension for 26 years service, I was married for 12 years of my Police service.

My wife is 61 years old. She doesn’t work, but she is fit and able to work. She is in receipt of a
small pension.

We have been married for 14 years and cohabitated for 1 year.

We have approximately £130k savings. I accept she is entitled to 50% of this.

Our jointly owned home is mortgage free and worth a minimum of £600k. I accept that when we sell the house she will be entitled to 50%.

Is she entitled to any of my military pension which I was already receiving when we married in 2006?

What percentage of my Police pension is she entitled to?

Bear in mind there is nothing to stop her gaining employment whereas I am unable to work.

In the near future I expect to receive a substantial personal injury compensation award, I am aware of my financial obligations to her in regard to this, which is minimal and the award will go into a trust fund.

Any advice is greatly appreciated. I just want to move on knowing that my finances are in order and that I am able to afford to live comfortably.

Kind regards
Last edit: 31 Aug 20 by 220e. Reason: Add text

  • ChilliKoala
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31 Aug 20 #513927 by ChilliKoala
Reply from ChilliKoala
50% of the pension acquired during the marriage would be the starting point but you could negotiate to give her more savings or the house in exchange for leaving the pensions alone, that's what I would do.

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31 Aug 20 #513932 by 220e
Reply from 220e
Hi. Agreed, I have considered that and I do intend to be fair with her. But I need to know what could I expect the court to award if negotiations don’t provide a satisfactory compromise.
There is so much information on the web yet I can’t seem to find a definitive answer, most of it is case specific, hence the reason I have provided sufficient detail in the hope that someone can provide info specific to me.
A family law solicitor told me that my military pension will be ring fenced and that she’ll not be entitled to anywhere near 50% of my police pension yet my research so far doesn’t seem to support this.

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31 Aug 20 #513933 by ChilliKoala
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You can never know. One judge might give her the lot and another might give her nothing, it's literally all up for grabs.
Imagine a pot, all assets go in it. So the 15 years of the police pension is in that pot. How you divide it is up to you two to sort out.
My advice having been down the road of litigation is that one person is going to have to be generous otherwise you simply give the money to the lawyers instead. Either way you'll end up paying out the same sum.
Ask her what she wants, you might be pleasantly surprised.

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31 Aug 20 #513938 by 220e
Reply from 220e
Thank you for this, your advice is what I’m thinking anyway but it doesn’t seem anyone can give me a definitive answer to my questions.
Are you saying that only 15 years of the Police pension goes in to the pot? If this is what you’re saying then the military pension doesn’t go into the pot? It seems you are saying that only what was gained during the marriage goes into the pot!!
I am struggling and so it seems others are, to give me a proper answer.
ChilliKoala, I apologise if you think I am being awkward, I am not, I’m just trying to get my head around what I am askIng so that I can start negotiations backed up with knowledge and law and if things can’t be agreed mutually, that I know what to expect from a court.
Thank you all in advance.

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01 Sep 20 #513943 by ChilliKoala
Reply from ChilliKoala
You can't really expect anything from court. They pretty much make the rules up as they go along. The jist is everything you acquired during the marriage goes in the pot. Add it all up and work out how much you each get then sit down with her and ask her what she wants, like two grown adults.

  • rubytuesday
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01 Sep 20 #513945 by rubytuesday
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You can't really expect anything from court. They pretty much make the rules up as they go along.


Stop scaremongering - I appreciate you have not had a good experience in your own court case, and I'm sorry that that happened. But, telling new members this sort of biased rubbish isn't helpful to them, or others reading the posts.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

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