Can he go after my pension

maggirl

I wasnt sure to put this in the pensions section or not! Just wanted some quick advice, I know I need to see a solicitor as well.

Its about saving my pension if I split from my husband.

Ive got no savings and huge debts but the only thing I have got left is the prospect of an OK pension (final salary) I've paid into this for a long time, and at least 6 years or which were before we were married.

If I split up with my husband could he claim my pension, I'm sure he would do this because he has made no pension provision for himself....and how much could he claim...could he claim for the years we were together BEFORE we were married??

swiss69

Pensions are taken in to account when divorcing. If you dont want him to have this then normally you have to offer a bigger share of assets or a lesser share of debts (Called Offsetting). The pension fund is valued by the scheme actuaries and this is taken into account when working out financial settlements.

maggirl

Oh dear.

Thanks for the info, I was hoping to hold onto my pension as it is the only thing I have got...after all Ive worked for it while he has turned down work in the past.....Im hardly going to get a huge pension, as I'm not a high earner.....

Thanks for the pointers though.....

Savvy_Sue

I'll move you over to Pensions to see if you get more responses there. Although I suspect swiss is right.

MOVING THREADS FOR BETTER RESPONSES

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere (please see this rule) so this post/thread has been moved to the Pensions board, where it should get more replies. If you have any questions about this policy please email [EMAIL="abuse@moneysavingexpert.com"]abuse@moneysavingexpert.com[/EMAIL].

jonathon_hart

Hi.

Yes Swiss is right, your pension will be classed as an asset when splitting things out.

floss2

When I divorced (almost 8 years ago), my ex's pension from before we married was not taken into account, only what had been paid & built up during the marriage. I too had little pension provision - you may be asked why he has no pension (mine was because I worked part-time whilst bringing up the family & part-timers were not always eligible to join pension schemes then). I received a cash payment in lieu of future pension claims, which went into my personal pension.

You should take specialist advice about this, as it can be very complicated.

Anastasia

Hi, you do need expert help. It depends how long you have been married. My OH is entitled to some of my excellent pension but we have agreed 50/50 on the house instead.