Can my ex claim my pension if I re-marry

Salopiansid

I got divorced last year, we split the equity from the sale of our house and went our separate ways. No solicitors involved. We have a child and my ex gets the child benefit I am 54 and thinking of getting married again next year. My question is, will my ex-wife still be able to claim her share of my pension if I get remarried, I intend taking it in a lump sum

comeandgo

Why did she not claim something from your pension in the financial split at divorce? Was it discussed?

dunstonh

What type of pension?
What did you divorce settlement state about the pension? You may not have used solicitors but one assumes you got an agreement signed?

Salopiansid

There was nothing official done, just a mutual agrrment

comeandgo

Mutual agreement about what. What was the agreement on your pension?

Salopiansid

I started my pension when I was about 20 then I contracted out and added this then at about 30 the company I was working for added a small amount until I left them in 20009

Salopiansid

The mutual agreement was on the split of the house money, at the time she said she would not go for my pension but changed her mind last year

WillowCat

If the agreement was only about the house equity, then potentially everything else is up for grabs.

In fact, unless you can successfully argue that the 'agreement' is a valid nuptial agreement (see supreme court case "Radmacher v Granatino" which sets the standard to be met for all types of nuptial agreement including separation agreements) then the house equity is also up for grabs, and the courts will consider the position you are both in now rather than when you divorced.

Your remarriage will not prevent her making a claim against you. The good news is that her assets and pensions will also be in the pot for division.

Salopiansid

We sold the house and split the money. So she can still go for my pension if I get married(she doesnt have one) but are you saying she can also go for anything else that I have now?

Silvertabby

WillowCat is right - your getting re-married doesn't come into it. Are you sure that your ex doesn't have any pension rights? If she has, they will be taken into account as well.

comeandgo

I take it you are paying her money towards your own child? Usually if children involved the ex wife gets more than half.