Is my husband entitled to a pension taken out before we met?

bertiewhite · 5 October 2017 at 12:56PM

Forafriend wrote: »

Also from what I understand I could technically go for his pension as that is also considered an asset?

It's NET assets - you are entitled as well. But be aware that debts are included in the statements you must give so in effect, it's the total equity that you both have.

Forafriend wrote: »

I want this split to be as amicable as possible.

You don't HAVE to argue over it - my ex and I agreed she would stay in the house as the equity was roughly equally to what she was entitled to out my projected pension. It seemed a sensible agreement as she wanted to stay in the house, we'd have to sell it to realise the equity and the pension wasn't accessible at the time (still isn't).

Try talking about it but do get professional advise as well - my solicitor kept asking what I wanted out of it instead of telling me what to do..

dunstonh · 5 October 2017 at 1:04PM

bertiewhite wrote: »

But the OP is asking what her husband is ENTITLED to, not what she can CHOOSE to give him.

The two things are related though. Lets say the op wants the house. There may be no choice to use the pension to allow that to happen.

Just because the pension is from before their relationship, doesnt mean it cannot be used. There may be enough cash available to pay the settlement to not use any of the pension (including that accrued whilst in the relationship).

Entitlement, choice and inevitability all come into play.

Moving on.. I have seen a number of couples divorce over the years and until the solicitor is involved, both sides tend to have a poor expectation of how the assets will be divided. Entitlement expectation can be very different to the end result.

Pollycat · 5 October 2017 at 1:21PM

bertiewhite wrote: »

As it was explained to me by my solicitor, my ex-wife was entitled to half of the 13 years that we were together of what I had accrued on a 22 year Armed Forces pension.

So basically half of 13/22ths.

That suggests to me that it was only for the time we were together - anything before or after we were together was untouchable.

That's exactly what happened to my friend.
She got half of her ex's pension for the time they were together, he retained the full value of the years before that.

They went through mediation to arrive at this (as well as the house split, child access etc).

crv1963 · 5 October 2017 at 1:42PM

The answer simply put is yes!

The aim of the court will be to put both parties on an equal footing financially post divorce.

Best thing is to get a solicitor advice things like length of time co-habiting before marriage also count. Both parties need housing so it would be best to discuss and seek to reach some basis for an agreement whilst things are amicable, I know some couples remain amicable but once the process start then this can and does disappear!

My ex-wife got a % of my total pension pot and that I had accrued this some 11 years before we met was not taken into account!

Husband would be a fool moving out as once his housing needs are met then he loses leverage- and yes I had moved out!

Forafriend · 5 October 2017 at 1:59PM

@crv1963 sorry, I don’t understand. Did your ex wife get some of your pension that you drew 11 years before you met?

Forafriend · 5 October 2017 at 2:06PM

Neither of us have debts. So that I’m not concerned about.

What is worrying me though is the house side of things.

We have a property worth about £200k. I’m not sure how much my pensions are worth but if he’s only entitled to 10 years of the two pensions I’ve had since we met that will not be £100k.

I have read numerous articles that have stated the house has been signed over to the spouse to avoid them getting any of the pension.

I will not be able to afford another house if I do not get my half (£100k of the house). Through my pensions alone I would just about survive.

dunstonh · 5 October 2017 at 2:16PM

I have read numerous articles that have stated the house has been signed over to the spouse to avoid them getting any of the pension.

yes. That often happens as a choice.

To simplify it, you need to think about your assets in a monetary form rather than actual physical items. If you tot up all your assets as a value that would be included in the calculation and your spouse does the same, there will be a split in monetary terms.

It may be that you owe the other party £50k. You can choose how that £50k is paid. If you don't have savings, you could use the pension (however, pensions in payment don't carry the same weight at a pension in the accumulation stage and some cant be split). Or it may be a case that you agree with the other party that they keep the house and they pay you £150k (£200k house value minus the £50k you owed). Or neither of you keep the house and you get to pocket £50k from the sale and the other party gets £150k. This is really simplifying it but it is effectively that concept.

As bertiewhite says higher up, you can agree these things amicably. Both solicitors on either side should ensure that their respective client is not being treated unfairly but if you have an outcome you both agree with, then it doesnt need to be messy (or expensive)

It is also worth remembering that the only winners in a divorce are the solicitors. There will need to be give and take on both sides and losing something you value is almost inevitable.

crv1963 · 5 October 2017 at 2:24PM

Forafriend wrote: »

@crv1963 sorry, I don’t understand. Did your ex wife get some of your pension that you drew 11 years before you met?

I wasn't drawing it, I was still accruing it. The court looked at the size of my pot, deducted the size of her smaller pension pot and split the remainder down the middle ie

My pot 200k her pot 50k so added together 250k. Split 50:50 125k each so 75k taken from my pot and added to hers. The figures were higher in real life but I used these for ease of understanding.

The court gave no leeway that I'd accrued 11years worth of pension pot before I met her.

You really need to see a Solicitor as I think you are using/ living on pension so the figures will be different. You could look at divorce forum by dterry it is informative and like here rapid replies.

CRV

Forafriend · 5 October 2017 at 2:30PM

I don’t understand why I would have to pay out £50k?

So I would pay out £50k but still get to keep all of my pensions?

kidmugsy · 5 October 2017 at 2:37PM

bertiewhite wrote: »

That suggests to me that it was only for the time we were together - anything before or after we were together was untouchable.

That sounds like the custom of the Scottish courts - I'm interested to hear of it in the English courts (assuming you are in England or Wales).

Is my husband entitled to a pension taken out before we met?

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