Pension upon divorce.

seven-day-weekend

A couple have been married for eight years. They both work (in fact both have the same occupation) and both pay into the Pension Scheme.

Does the wife have a claim upon the man's pension if they divorce? (No children of the marriage; the man has grown-up children from his first marriage, and marital home was rented).

AnotherJoe

IANAL but AIUI, each would have a claim upon each others pension.

seven-day-weekend

Thanks. So as they have both been in the same job for a similar amount of time, paying similar amounts into the same Pension scheme, then it is not worth her making a claim upon his pension.

She also seems to think she will be entitled to spousal maintenance. I assume this is not the case?

Thanks again.

Silvertabby

You appear to think that, in a divorce, a wife may claim part of the husband's pension. Yes, she can - but so can the husband claim part of the wife's pension. Both 'pots' are marital assets.

Both will have to obtain a cash value of their pensions. Their values will then be totted up along with any savings and other assets.

If they have no property or savings, and if the value of both pension pots are similar, then the most sensible result would be that each just gets to keep their own pension.

DairyQueen

Second Silvertabby's view on the pension. Term spousal maintenance may be considered if one spouse earns considerably less than the other and it would be sensible to allow time for the lower earner to adjust. However, this is very context sensitive. For example, if one spouse was disabled or had caring commitments that prevented working, or any other issue that impacted earning capacity, then spousal maintenance may be awarded for more than a short period.

If, however, you both earn similar amounts, are similar ages and have zero caring responsibilities then spousal maintenance would not be something that the courts are likely to consider. In most instances the court will seek a clean break settlement.

If no dependent children the courts first priority will be addressing the needs of both parties - especially housing and income. An 8-year marriage is not a 'short marriage' so likely that a 50/50 marital asset split would be on the cards subject to the 'needs' analysis mentioned above.

seven-day-weekend

Silvertabby wrote: »

You appear to think that, in a divorce, a wife may claim part of the husband's pension. Yes, she can - but so can the husband claim part of the wife's pension. Both 'pots' are marital assets.

Both will have to obtain a cash value of their pensions. Their values will then be totted up along with any savings and other assets.

If they have no property or savings, and if the value of both pension pots are similar, then the most sensible result would be that each just gets to keep their own pension.

The wife in question appears to think so - I do not, which is why I asked the question. She has threatened to 'take his pension' if they do not divorce on her terms.

Thanks for your advice.

seven-day-weekend

She is much younger than him - she is in her twenties and he is in his forties. They have no assets apart from the pensions - she has already had most of the stuff they bought whilst they were together.

They both have the same job, so earn the same. He has been doing the job about a year longer than she has. They both pay into the same pension scheme. Neither has a disability

Thrugelmir

seven-day-weekend wrote: »

They both have the same job, so earn the same. He has been doing the job about a year longer than she has. They both pay into the same pension scheme. Neither has a disability

No accrued pension pot from previous employment?

Marcon

If they are in a final salary scheme, husband's pension will have a much higher value because he is older. If it's a defined contribution scheme, that's not the case.

Suggest the husband (?you) gets some proper advice from a divorce lawyer.

seven-day-weekend

Thrugelmir wrote: »

No accrued pension pot from previous employment?

No, he has previously been self-employed and has not paid into a pension.

seven-day-weekend

Marcon wrote: »

If they are in a final salary scheme, husband's pension will have a much higher value because he is older. If it's a defined contribution scheme, that's not the case.

Suggest the husband (?you) gets some proper advice from a divorce lawyer.

:rotfl::rotfl::D The husband is not me! I am female and have been happily married for forty-seven years in October. The advice is for a younger friend

They are in a Final Salary Scheme . It's NHS.

We have told him to seek a lawyer's advice, so hopefully he will.