Is my husband entitled to a pension taken out before we met?

dunstonh

I don’t understand why I would have to pay out £50k?

That was just an example figure to explain how the money can be paid in various ways. Maybe your spouse owes you £50k or £5.

So I would pay out £50k but still get to keep all of my pensions?

That was an example scenario. Nobody on the internet can tell you what your settlement will be. You really need to be going to a solicitor for all this as they get you to list your assets and liabilities etc.

Linton

From a quick Google - in England the courts can include assets owned prior to marriage whereas in Scotland they cant.

Of course what a court may do is irrelevent if you come an an amicable agreement.

crv1963

Forafriend wrote: »

I don’t understand why I would have to pay out £50k?

So I would pay out £50k but still get to keep all of my pensions?

I don't think dunstonh was suggesting that you have to pay out 50k but was using the figure as an example o illustrate what he was saying.


Although people generalise all of the time about things in fact every divorce is different or individualised as no one has exactly the same amount or split of assets.


No one can advise you without knowing lots of details and these you'll have to discuss with a solicitor, they'll want to know your assets, liabilities and income including source of income. If you know your husbands as well then they can give you a good idea of what to expect.


Many solicitors offer a free half hour initial appointment and will go through the process with you.


CRV

bertiewhite

kidmugsy wrote: »

That sounds like the custom of the Scottish courts - I'm interested to hear of it in the English courts (assuming you are in England or Wales).

No, I was living in England at the time. I remember the figure that she was entitled to - 50% of 13 years worth (the time we had been married) of the 22 years I had accrued of an Armed Forces pension pot. This was 2010 but you don't forget things like that!!

This didn't have to go through the court as we came to an agreement. Maybe I just had a good solicitor (she WAS expensive) but even so, I doubt her solicitor would have agreed.

bigadaj

Forafriend wrote: »

I don’t understand why I would have to pay out £50k?

So I would pay out £50k but still get to keep all of my pensions?

You need to find out what the value of your pensions are, not what they pay out.

So say you get £5000 a year in pension, then to get that sum you might need a lump sum if £150000 dependent on age, investment risk etc

In that scenario you'd add the value of both your respective pensions to all other assets, like house, savings, isas etc and then calculate the percentage split.

The split could then consist of a suitable part of each element of the asset, so one person would prefer keeping the house, another wants to retain pension etc

You really need to speak to a solicitor to get an opinion and let them explain what the split might be.