Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Forafriend
    • By Forafriend 5th Oct 17, 10:56 AM
    • 6Posts
    • 0Thanks
    Forafriend
    Is my husband entitled to a pension taken out before we met?
    • #1
    • 5th Oct 17, 10:56 AM
    Is my husband entitled to a pension taken out before we met? 5th Oct 17 at 10:56 AM
    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
Page 2
    • kidmugsy
    • By kidmugsy 5th Oct 17, 2:37 PM
    • 9,676 Posts
    • 6,433 Thanks
    kidmugsy
    That suggests to me that it was only for the time we were together - anything before or after we were together was untouchable.
    Originally posted by bertiewhite
    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).
    • dunstonh
    • By dunstonh 5th Oct 17, 2:37 PM
    • 89,851 Posts
    • 55,457 Thanks
    dunstonh
    I don’t understand why I would have to pay out £50k?
    That was just an example figure to explain how the money can be paid in various ways. Maybe your spouse owes you £50k or £5.

    So I would pay out £50k but still get to keep all of my pensions?
    That was an example scenario. Nobody on the internet can tell you what your settlement will be. You really need to be going to a solicitor for all this as they get you to list your assets and liabilities etc.
    • Linton
    • By Linton 5th Oct 17, 2:39 PM
    • 8,359 Posts
    • 8,257 Thanks
    Linton
    From a quick Google - in England the courts can include assets owned prior to marriage whereas in Scotland they cant.

    Of course what a court may do is irrelevent if you come an an amicable agreement.
    • crv1963
    • By crv1963 5th Oct 17, 2:42 PM
    • 131 Posts
    • 396 Thanks
    crv1963
    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?
    Originally posted by Forafriend


    I don't think dunstonh was suggesting that you have to pay out 50k but was using the figure as an example o illustrate what he was saying.


    Although people generalise all of the time about things in fact every divorce is different or individualised as no one has exactly the same amount or split of assets.


    No one can advise you without knowing lots of details and these you'll have to discuss with a solicitor, they'll want to know your assets, liabilities and income including source of income. If you know your husbands as well then they can give you a good idea of what to expect.


    Many solicitors offer a free half hour initial appointment and will go through the process with you.


    CRV
    CRV1963- Light bulb moment Sept 15- Planning the great escape- aka retirement!
    • bertiewhite
    • By bertiewhite 5th Oct 17, 2:48 PM
    • 667 Posts
    • 675 Thanks
    bertiewhite
    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).
    Originally posted by kidmugsy
    No, I was living in England at the time. I remember the figure that she was entitled to - 50% of 13 years worth (the time we had been married) of the 22 years I had accrued of an Armed Forces pension pot. This was 2010 but you don't forget things like that!!

    This didn't have to go through the court as we came to an agreement. Maybe I just had a good solicitor (she WAS expensive) but even so, I doubt her solicitor would have agreed.
    • bigadaj
    • By bigadaj 6th Oct 17, 11:43 AM
    • 10,342 Posts
    • 6,640 Thanks
    bigadaj
    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?
    Originally posted by Forafriend
    You need to find out what the value of your pensions are, not what they pay out.

    So say you get £5000 a year in pension, then to get that sum you might need a lump sum if £150000 dependent on age, investment risk etc

    In that scenario you'd add the value of both your respective pensions to all other assets, like house, savings, isas etc and then calculate the percentage split.

    The split could then consist of a suitable part of each element of the asset, so one person would prefer keeping the house, another wants to retain pension etc

    You really need to speak to a solicitor to get an opinion and let them explain what the split might be.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,124Posts Today

7,786Users online

Martin's Twitter
  • RT @LordsEconCom: On Tuesday Martin Lewis, Hannah Morrish & Shakira Martin gave evidence to the Cttee. Read the full transcript here: https?

  • Ta ta for now. Half term's starting, so I'm exchanging my MoneySavingExpert hat for one that says Daddy in big letters. See you in a week.

  • RT @thismorning: Can @MartinSLewis' deals save YOU cash? ???? https://t.co/igbHCwzeiN

  • Follow Martin