Pension - wife entitlement seperation

cameron99999

Hi,

just looking for clarification on what my wife is due.

We seperated a couple months ago and are looking to split everything correctly however not sure on what she is due re. pensions.

My question is what is she legally entitled to. We have been together for 13 years. Had children for 8 years and been married for 3 years.

Regards
Cameron.

xylophone

You are getting a divorce?

https://www.moneyadviceservice.org.uk/en/articles/dividing-pensions-on-divorce-or-dissolution

cameron99999

We will be down the line, however she is buying me out of the property and we want to get a proper seperation agreement done at the same time.

So from reading the link - it says we is only entitled to half of my pension while we were married. Would i be entitled to half of hers also?

Thanks in advance.

kidmugsy

cameron99999 wrote: »

We will be down the line, however she is buying me out of the property and we want to get a proper seperation agreement done at the same time.

So from reading the link - it says we is only entitled to half of my pension while we were married. Would i be entitled to half of hers also?

Thanks in advance.

Dear God, go straight to a lawyer. This is not stuff to settle on advice from well-meaning amateurs on the internet.

xylophone

Dear God, go straight to a lawyer.

From link in my post:

"It’s worth taking the time to find out how workplace, personal and additional state pensions can be divided. One option may be better for you – and your ex-partner – than another. Take professional advice from a solicitor or a financial adviser before you act."

TBagpuss

both of your pensions form part of the matrimonial assets. There is no hard and fast rule which says she is entitled to a share only of the pension built up during the marriage. Where couples live together before marriage, the total period is normally taken into account, so 13 years not 3.

It is also usual to look at the whole finacial picture, not at each asset in isolation. So, if you both earn the same, will be splitting child care equally, and are both a similar age, then it may well be appropriate to split all assets, including pensions, equally. However, if one of you earns more than the other, if one of you will be playing a bigger role in caring for the children, or if one of you is significantly older than the other, then the split may be unequal to reflect the differences in your needs and resources.

go and see a solicitor and get some proper advice.

kidmugsy

Do you live in England?

atush

Basically what she will get from your pension will depend on many things including her own workplace pension. If the pensions were of equal value, then you would not transfer any of yours.

If she didn't work. then yes you'd lose some of your pension.

Pensions are assets, to be valued and totaled up with equity value of the home, the banks accounts, the investments belonging to both parties. then who gets how much of each will depend on many things, and you should expect the spouse who takes care of the kids to get slightly more plus maintenance for them from the other spouse.

After all the spouse w/o the kids will have more free time and privacy to carry on with their new life.

Good_bad_and_ugly

Did your wife surrender her own career and pension, in order to raise your family? These days, it's a lot less cut and dry.

As suggested, see a solicitor. Good luck.