medical pension v divorce

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strong96 wrote: »

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.

Thats not really fair, some wives are unable to work while being 'married to the forces', they have to move about etc, it is only right in the event of a split everything is shared equally including the pension (my opinion differs alot if it was only ashort marriage/partnership though).

PLus if you have been with your OH from day one of their 22 year career then I feel it is right they should be entitled to half!

There arent any awards for raising children by yourself and waiting on your OH for months at a time, while they earn their pension!!!!!!

strong96

granted if you've been together the entire 22 yrs then yes you should get some of the lump sum, but for 22 yrs service and you were only married for 7 to the person then the OH done 15 yrs slog on his own for that pension so why should you get any.

babyboono1

HI hate to tell you this but my fiancee got med discharged from the navy and his ex wife went for his pension and gratuity payout after the divorce was through and she'd had the house and everything else.

She was awarded 25% of his pension and £35, 000. this is after being given the house and all her debts payed.
And he pays £500 per month for there son.

really unfair especially as he worked 26 years in the navy and got medical discharged and they were only married for 7 years.

strong96

now thats where things go wrong, im sorry but that shows money grabbing at its best, what right does she have,

Errata

Splitting pension rules and regs apply to retirement pensions. I suspect that they do not apply to money by way of a pension awarded for injuries that happened as a result of serving the country.
A medical discharge is not the same as a medical pension.

babyboono1

he was awarded a medical pension upon being medically discharged. And yes she was awarded 25% of his pension which includes his medical pension.
she now gets that for life or until she remarries which i can't see the moneygrabber doing now she's set for life

Pete268

Hi,

From the SPVA (Veterans UK) website is the following with regards to War Disablement Pensions and Divorce (The same should also apply to the Armed Forces Compensation Scheme):

Q. Is pension likely to be considered for purposes of divorce settlement?
A. Legal advice is that pension-sharing arrangements only apply to pension provisions for retirement. Legislation governing pension sharing is contained in the Welfare Reform of Pensions Act 1999 under Section 47 "Definition of shareable rights". War pension entitlement is not relevant to retirement, so there is no basis for war pension rights to be shared on divorce.

Q. Is a war pension likely to be considered as income on divorce?
A. War Disablement pension is awarded as compensation for disablement sustained as a result of service in the armed forces and is not generally regarded as income. However, legal advice is that the rules applying to war pensions are not relevant to the divorce proceedings. It is for the court to decide what it regards as income and our rules do not override the court's ability to decide that this includes a war pension.

Taken from:

http://www.veterans-uk.com/faqs/helpline.html

regards

Peter

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I think 7 years of marriage on 22 years service is bad, but when there are kids involved is a whole other story.

If someone marrys towards the end of their service then they know their pension would come into question shoud they divorce, it does beg thequestion why anyone would want money or 15 years the didnt do (by that I mean be the SAHM or oneleft behind -thats a job al by itself).