Will I loose my ex husbands pension if I re-marry?

CLF1973

I have been divorced from my ex husband for 7 yrs, at the time I didn't apply for his pension. There was no financial settlement or no property, he also took the family car.
He is in the army and I travelled the uk and germany for 9 yrs. Since then he has the minimum contact with his children and even moved abroad to Canada for 2 yrs with contact only twice.
I have recently re-married and would like to know if I can apply for the percentage of his pension we were married?

flossy_splodge

I think this is a sticky one.
Once youve remarried, as I understand it, you've given up any claim to a call on his pension.
I think you would be well advised to get proper legal advice.
I realise this is expensive so the CAB are a good starting point.
May I make a plea that those who use the CAB consider a small donation to them as they do not get funding for what is an excellent service and are dependent on donations.:)
Good luck.

Peelerfart

His taking of the family car and the minimal contact with the children will not affect any application for his pension.

Voyager2002

No, but you might lose it.

Seriously, I echo the advice to see a lawyer. Rather than visiting CAB, try to find out if any local solicitors offer free or fixed-fee appointments for a limited time.

NAR

A financial settlement would have included his pension for division. You chose not to have one, presumably because you thought there were no assets to divide.
The fact that you have remarried will mean you cannot now make a claim on his pension.
However you are still entitled to CSA.

atush

I think you can still apply for funds, ie half the price of the car and any other tangible assets. And if he hasn't been paying for the children, ou can apply for back maintenance.

But you really should have sorted this before incl the pension before you remarried really. Get legal advice.

NAR

Answered by: Mark Keenan, Editor, Divorce-Online
Q.i was divorced in 1997 & never advised i could get a share of my ex husbands pension we were married for 10 years in which time i brought up our children and had no income.i have just re married. please help
joanne
A. As you have remarried you cannot claim now for his pension, it is too late. if you were badly advised, you need to contact another Solicitor as the previous solicitor may have been negligent.

mr_ian_mckay_donaghy

I have just remarried my ex wife, we are both retired and receive state pension in our own rights,now that we have remarried will we lose any of our pension?

margaretclare

mr_ian_mckay_donaghy wrote: »

I have just remarried my ex wife, we are both retired and receive state pension in our own rights,now that we have remarried will we lose any of our pension?

Short answer - no.

You say you both receive SRP in your own right i.e. from your own contribution records, she was not receiving it from your record but from her own. If this is the case then you both still continue to receive full SRP based on your own contributions.

margaretclare

CLF1973 wrote: »

I have been divorced from my ex husband for 7 yrs, at the time I didn't apply for his pension. There was no financial settlement or no property, he also took the family car.
He is in the army and I travelled the uk and germany for 9 yrs. Since then he has the minimum contact with his children and even moved abroad to Canada for 2 yrs with contact only twice.
I have recently re-married and would like to know if I can apply for the percentage of his pension we were married?

I don't understand why there wasn't a financial settlement at the time of divorce.

It is my understanding that both parties have to make a 'full and frank declaration of assets' i.e. whatever was owned or acquired during the marriage has to go on the table. I don't think that includes things like a car, but would include any savings, investments, pension rights - presumably reason for no property was living in army quarters.

Why wasn't this done before the decree nisi?

dunstonh

be wary - this is a thread from a year ago.