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

Forafriend · 5 October 2017 at 10:56AM

As article title suggests. I’m looking for advice on whether me soon to be ex husband is entitled to my pension that I drew before we met. I have two further pensions that I know he would possibly be entitled too.

Where do I stand in terms of the house? I have put more money into the house than he has...I understand he would be entitled to half but is there any chance he would be entitled to more of the house?

I am now retired, he is still working, albeit part time. We met when our children were both grown up therefore no children to consider.

I am happy to split our finances I.e savings, house, furniture 50/50. However, if my ex husband were to take half of two of my pensions then I would struggle financially. Would this have any impact on the courts decision?

Any advice would be much appreciated. Thank you in advance

dunstonh · 5 October 2017 at 11:15AM

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

Potentially, yes.

Both yours and his current assets can be used in a settlement.

I am happy to split our finances I.e savings, house, furniture 50/50. However, if my ex husband were to take half of two of my pensions then I would struggle financially. Would this have any impact on the courts decision?

If a settlement cannot be agreed then the courts will be involved and they look at both sides. it is possible that both sides end up suffering financially.

What does your solicitor say when you ask them this? (as they know your situation - we do not)

bertiewhite · 5 October 2017 at 11:22AM

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.

Forafriend · 5 October 2017 at 11:51AM

I haven’t been able to seek advice from a solicitor as of yet. I said the term ‘soon to be’ as it is my intention to divorce.

My ex husband has said he will not move out of the home we share and I worry how I will proceed.

Silvertabby · 5 October 2017 at 12:08PM

Will your divorce be under English or Scottish law?

If Scottish, then only pension accrued during your marriage is thrown into the marital assets pot. If English, then the whole lot is counted.

atush · 5 October 2017 at 12:12PM

Forafriend wrote: »

I haven’t been able to seek advice from a solicitor as of yet. I said the term ‘soon to be’ as it is my intention to divorce.

My ex husband has said he will not move out of the home we share and I worry how I will proceed.

Consult a solicitor without delay.

bertiewhite · 5 October 2017 at 12:15PM

Silvertabby wrote: »

If English, then the whole lot is counted.

Mine wasn't - only the 13 years we'd been together as I explained, although it was 7 years ago now so things might have changed. Only a solicitor will be able to say for sure.

PeacefulWaters · 5 October 2017 at 12:34PM

Silvertabby wrote: »

If English, then the whole lot is counted.

Only from the point of cohabitation.

dunstonh · 5 October 2017 at 12:44PM

There needs to be a bit of clarification here. The WHOLE pension from before the relationship can be used in the settlement as a choice or necessity.

e.g. it may be that the settlement requires you to pay £50,000. However, you may not have £50,000 and instead, your pension could be used in its place. That pension may have accrued fully before you were co-habiting.

So, the asset can be used. However, whether it is is included in your liability to the other party is a different matter.

Forafriend · 5 October 2017 at 12:54PM

To clarify, we met when both our children were grown up.
We have been married for 9 years.
We both sold our houses put the money together and bought our home.
We have both worked, we both have private pensions and state pensions although he is not due his pension until 66. He is 62. I have two private pensions. The better private pension was drawn before we met. The other private pension was started around 5 years into our marriage.
He currently works part time and has planned to continue working until 66 then get his pension.
We’re married under English Law.
We have savings.
We have a mortgage free home with no dependents living with us.

I am happy to split savings and home 50/50.
From what I understand he could only go for the pension that has accrued whilst married?

I’m unsure what would happen if he refused to sell or refused to accept what I am offering.

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

I want this split to be as amicable as possible.

bertiewhite · 5 October 2017 at 12:54PM

dunstonh wrote: »

So, the asset can be used. However, whether it is is included in your liability to the other party is a different matter.

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

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

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