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What is she entitled to from my pensions?

  • 220e
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01 Sep 20 #513949 by 220e
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You aren’t helping at all. I am a sensible switched ion adult with plenty of common sense.
I know how to negotiate and I know what to expect.
I am asking a specific question and your two responses so far are not helpful or constructive.

  • ChilliKoala
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01 Sep 20 #513954 by ChilliKoala
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The advice I've passed on to you I paid £350 per hour plus VAT for. I'd suggest you do the same as you seem unable to accept in divorce there is no definitive answer.

  • WYSPECIAL
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02 Sep 20 #513962 by WYSPECIAL
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Rather than thinking about entitlements think about needs.

You will both need somewhere to live. How much will this cost? You may possibly need more of the equity if you need somewhere adapted to your disability.

You both need money to live on. What are current incomes and how can this be split to achieve this?

If it is possible to achieve with pensions ring fenced then you will be able to argue they should not be in the pot.

How long is it since she last worked? Could she realistically go back to doing that?

Don’t forget she has a pension. That is in the pot as well.

Post details of all assets and incomes and what you each need.

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02 Sep 20 #513967 by 220e
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Thank you WYSPECIAL.

I’ll try to address each point.

Our current incomes are my 2 pensions and her very small one.

Neither of us work, I am unable to, she is able to gain a reasonable job if she wishes to. Yes, she can reasonably be expected to work.

I am in receipt of PIP at the higher rate and she receives carers allowance for me. However, I do realise these payments are not to be included in any settlement.

We have no loans or debts, our only outgoings are normal household bills.

If we sell the marital home, there will be more than enough from the sale to enable us each to purchase new adequate homes.

We jointly have approximately £130k savings.

As previously mentioned I expect to receive a substantial Personal Injury Compensation award. The other party have admitted full responsibility for my accident. A recent joint settlement meeting was held. A substantial sum was offered but my team decided this was not enough so court proceedings have now been initiated. This could take 2 to 3 years but I am considering other options and these cases are sometimes settled earlier as this is a case the other side will not win as liability been admitted. I am fully aware of what she will be entitled to from any forthcoming award and should it come sooner rather than later, none of the issues I have mentioned may no longer be very relevant as I will be left with no financial concerns.

Thank you WYSPECIAL, I welcome your response.

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02 Sep 20 #513970 by WYSPECIAL
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So with house sold there will be approx £730k to rehouse both of you. You each need a minimum of a one bed home, more would be nice and I imagine achievable given the figures. How much will this cost for each of you?

How long is it since she worked? Is she likely to claim she gave up work to be your career and has been out of the job market for ages?

You don’t give any details of incomes so it is difficult for anyone to comment on how income meets could be met.

Has she given any indication of what she wants from the pot?

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02 Sep 20 #513973 by 220e
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With just the sale of the house, there is enough to purchase a very good home for each of us. £600k is the minimum it is worth, it hasn’t been valued yet. £250k each would be ample for a substantial property. The savings will not be required for housing purposes.

There are no indications as yet as to what she will require from the pot, her pension is only £130 per month, not enough for her to live on but she could work.

She gave up her job approximately 4 years ago to set up her own retail business. This didn’t work out so it is now run online only. There isn’t enough of a turnover to provide a salary. It went online only 1 year ago, so she has worked recently.

Our joint income from my pensions and her small pension is approximately £2k per month not including PIP and Carers Allowance.

  • MarcusFox
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03 Sep 20 #513976 by MarcusFox
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My own experience of ringfencing pre-marital pensions is that it is tricky. The pensions advisory group produced a report last year 'A guide to the treatment of pensions on divorce' (you can google it and download it) in which they stated that in needs based cases the full pension is in the pot. I am married 15 years with a lot of pre-marital pension and this affects me. All of the pension is in the pot. My wife's solicitor is scathing about apportionment. However, this is not to say you may get a different experience. If you are reaching an agreement it may depend on how your wife feels about taking pre-marital pension. If your pension is valued by an actuary you will probably find that it increases dramatically in the value it is given. My public sector pension nearly doubled.

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