Backdating divorcee pension

searcher30

Can one backdate a claim for a higher divorcee pension?

would anyone know. if not clear please review this previous mail:


http://forums.moneysavingexpert.com/showthread.html?t=177154

margaretclare

Backdated to when? And was the divorce a 'clean break' settlement, or not?

Bossyboots is the divorce expert here. The point is, pension-splitting on divorce has only come in of recent years - I'm not sure exactly when.

Example: my DH was divorced in the summer of 1999 and he started receiving SRP with SERPS from his 65th birthday, which was at the end of December 1999. If the pension-splitting rules had then been in effect I've been told that his ex could have claimed half his SERPS. Which is quite a bit - half of it would have netted her £40 or so a week. They did have a 'clean break' and his ex has no further claim on any of his assets.

Bossyboots, where are you?

Margaret Clare

CIS

Searcher30, I PM'd you as requested.

Pension splitting rules first came in to effect from 1st Dec 2000, so he was safe by abouta yr.

His ex could have claimed 50% if the rules had been in place, but the settlememnt could have been as high as 100% of the SERPS. In a the time I dealt with them I didn't see anyone get over 60% share, though.

margaretclare

CIS wrote:

Pension splitting rules first came into effect from 1st Dec 2000, so he was safe by about a yr.

His ex could have claimed 50% if the rules had been in place, but the settlement could have been as high as 100% of the SERPS. In a the time I dealt with them I didn't see anyone get over 60% share, though.

Thanks! Just as well he insisted on a 'clean break'! He managed to hang on to his annuity, worth about £3500 a year, in return for giving her his share of the equity in the (mortgaged) bungalow.

Margaret Clare