medical pension v divorce

jules42

Hi folks,

thanks x

Barneysmom

It depends on what agreement they signed between them at the time of the divorce.

Cat695

the only time someone can go for your pension is at the time of divorce.....they can't go after it AFTER the divorce, its to late! otherwise there would be many more people posting on these threads if you could.

to see if he is divorced (ie absolute) all he has to do is ring up the court he divorced through with the case number (and the usual details DOB etc) and they will tell him if he is divorced.....but i would be very shocked if someone can't remember getting their absolute...I mean its normally a life changing thing(freedom)

oh and the absolute comes through automatically if the person doing the divorce pays for it (30 quid now) after 6 weeks and one day

Errata

jules42 wrote: »

Hi folks,

my partner served in army, due to an injury he had to medically retire and now receives a monthly medical army pension, his now ex wife is trying claim a share of his medical pension, is she entitled to any of it ?

thanks x

An armed services 'medical' pension is unlike all and any other pension. It provides an income stream to fund any extra costs due to the injury and to make up to some extent any shortfall caused by a loss of earning ability due to the injury.
The CAB, SSAFA, British Legion will all be able to give accurate information on whether pension splitting of this pension is possible. My guess is that it isn't. HTH

wagster_2

Cat695 wrote: »

the only time someone can go for your pension is at the time of divorce.....they can't go after it AFTER the divorce, its to late! otherwise there would be many more people posting on these threads if you could.

to see if he is divorced (ie absolute) all he has to do is ring up the court he divorced through with the case number (and the usual details DOB etc) and they will tell him if he is divorced.....but i would be very shocked if someone can't remember getting their absolute...I mean its normally a life changing thing(freedom)

oh and the absolute comes through automatically if the person doing the divorce pays for it (30 quid now) after 6 weeks and one day

Reading into it, it looks like if there was no order from the Court at the time of the divorce or at any time afterwards he/she is entitled to make an application for full ancillary relief at any time, unless he/she has remarried and did not make an application for relief before getting married. (remarriage trap)

Cat695

jules42 wrote: »

he has found his decree absolute so is offically divorced, not sure about an order as it was a clean split only married 7 years no kids etc, she got the marital home with large equity and brand new car he got smaller house that they rented out with smaller equity, he needs to speak to solicitor i think, thanks x

he needs to check through all over his divorce papers to see if she went for his pension during the divorce (there is a section on the paper work that asks if she was going for his pension)

how long have they been divorced?? as a court would look down on her if its been some years, especially if he got the medical pension AFTER the divorce as he didn't know he was going to get it till medically discharged

If she continues he will need to get a good solicitor (remember the first appointment is free in most solicitors)

Cat695

Cat695 wrote: »

he needs to check through all over his divorce papers to see if she went for his pension during the divorce (there is a section on the paper work that asks if she was going for his pension)

how long have they been divorced?? as a court would look down on her if its been some years, especially if he got the medical pension AFTER the divorce as he didn't know he was going to get it till medically discharged

If she continues he will need to get a good solicitor (remember the first appointment is free in most solicitors)

I forgot to add he can go for her pension if she has one!!! and seeing as they had no kids he is entitled to just as much as her (this was the advice i was given when I divorced with no kids)

If she got most of the assests (ie house etc) i think he is pretty safe.....shes obviously very jealous of him having another life

Cat695

don't be scared by solicitors!!! they can't do anything to him only the courts can decide

you need to look at this website!!

https://www.wikivorce.com/divorce/Divorce-Forum/UK-Divorce-Forum/

Errata

jules, before you spend money on a solicitor phone the Veterans Agency http://www.veterans-uk.info/. They will be able to tell you if the pension can be split (ex-wife claim part of it) or if it is ringfenced preventing any claim on it.

fizzel81

i await a slaughterung for asking this but it saves another divorce/pension queary

i split 2007 from my ex married in 2001, 3 kids later we split, he is due out in 2010 after completing 22 years

my soliciter is wanting to go for a financial order before we get divorced, am i right in thinking settlement would be based on the children and not the length of time married

strong96

i'm an army wife and even my response to that is leave his pension alone, he earnt it not you. by all means get child support.