emotive subject x husbands pension

pauliney_2

divorce form first husband years ago both remarried when he retired ten years ago he had a good pension I am been told that I have a right to some of the pension because I was married to him for 8 years I will not get all of my state pension due to poor heath over the years or am I opening a can of worms

dunstonh

Pension sharing orders are done as part of the agreed settlement. I think the question is best directed towards those with legal experience but I believe that once the settlement has been agreed you cannot go back years later and ask for more.

Hopefully, someone with legal experience will chip in to confirm.

CIS

I never came across a backdated Pension sharing order in the time I dealt with them, as I understand it, they cant be done. But you need to check with a solicitor.

Pension Sharing Orders are different to normal state pension top-ups for divorced people, they are paid alongside, but use a differnt system of caleculation.

With your state pension, you cannot get an increase to your basic pension, based on his records if you re-married, which from your post, Iam assuming you did.
Your basic pension, if less than 60% of that of your new husband, will be topped up to 60% of the value of his basic pension, whne you reach pension age and he is also claiming his pension.

fannyadams

Sorry to be the bearer of bad news but -
I have a feeling that since you have remarried then you can't claim for it anyway as your new husband is supposed to be 'keeping you in the style to which you have become accustomed'.
I expect one of the legal eagles will show up here in a minute and answer the question.
have you tried googling for your answer?
I got htis:
http://www.dickinson-dees.com/publications/ClientBriefings/pensionsondivorce.asp

http://money.uk.msn.com/specials/Over_50s/article.aspx?cp-documentid=143650

http://sharingpensions.co.uk/earmarking.htm

but they all seem to suggest that remarriage will put the kybosh on any pension claim.

pauliney_2

thank you all for your help

Dora_the_Explorer_5

pauliney wrote:

divorce form first husband years ago both remarried when he retired ten years ago he had a good pension I am been told that I have a right to some of the pension because I was married to him for 8 years I will not get all of my state pension due to poor heath over the years or am I opening a can of worms

I don't think occupational pension sharing orders as part of a divorce financial settlement existed ten years ago, they're a relatively new development,

CIS

State Pension sharing orders came in during 2001, I think occupational was the same time, but Iam not 100%.

You'll loose out on claiming that by date, but you'll loose out on any claim against his pensons aas your re-married anyway.

margaretclare

Hi

You say you divorced your first husband 'years ago'? How many years ago? As has already been said, pension-sharing on divorce has only been possible in the last few years. Nowadays, you can share his occupational pension and also share his S2P(was SERPS). But if this happened before (I think) 2000, then no, you've lost out.

You say you both remarried - so you're in a second marriage? When does he retire? You should be able to get 60% of his state pension i.e. he gets 100%, you get 60%, total for couple 160% - but that depends on him reaching 65.

Margaret Clare

Milky_Mocha

on a slightly different subject but still kindof related, does a divorcee still receive alimony if she remarries? Just curious.

calleyw

Milky_Mocha wrote:

on a slightly different subject but still kindof related, does a divorcee still receive alimony if she remarries? Just curious.

You mean spousal maintenance. I believe this only happens in a very few cases now adays. As most woman have money of there own or are capable of working.

Child maintenance is another story.


Yours


Calley

Dora_the_Explorer_5

Milky_Mocha wrote:

on a slightly different subject but still kindof related, does a divorcee still receive alimony if she remarries? Just curious.

The common sense answer is probably yes if that is what the divorced couple both agree to, or if that was the judgment of the court unless the judgment was appealed and overturned.