Awarded percentage of Pension....

MadeofSteel

Hello, I'm after some advice as where to start.
Many years ago I was divorced and as part of our full financial settlement I was awarded a percentage of my exes pension.
I remember vaguely signing consent/agreement and that was that?
I was in a very, very bad place all those years ago at that time so my memory of those days are hard to recall, anyway it turns out that the percentage of that pension is still with my exes? This is how I realised, the ex and I had a conversation and he asked me why had I never claimed it? I had no idea? I thought my solicitor saw to those things?
My question is, can I still claim it?
Solicitor has since closed down so how do I go about getting it?
Thanks for taking the time to answer and help if you can? .

Albermarle

I would think if your ex is not disputing the claim , then it should be something you can sort out between yourselves and the pension provider .
Any paperwork you can find would be very useful though …..

MadeofSteel

Thank you.
No he is not disputing it, he says he knows I was awarded it but it's just sitting in a "black hole' !
I have no paperwork but would the court have a copy I could get of the final divorce settlement? Do they even hold these things from years ago?

xylophone

No he is not disputing it, he says he knows I was awarded it but it's just sitting in a "black hole' !

This sounds rather unlikely.

https://www.pensionsadvisoryservice.org.uk/about-pensions/when-things-change/when-relationships-end/pension-sharing


The pension awarded to your ex-spouse or partner (or the pension that you are awarded from your ex-spouse or partner) is called a pension credit, and can be transferred to an existing or new pension scheme that is able to accept the transfer. It is likely that you will need the help of a regulated financial adviser to arrange a transfer. To find out more about finding a financial adviser click here.

The pension scheme may insist that your ex-spouse or partner (or you) have to transfer out. In some cases, you may be able to join the original pension scheme but this is not common. The original pension scheme may charge you for the calculation and/or the administration of the sharing order.

Has your husband contacted the scheme administrator?

Is he about to draw his pension?

Silvertabby

When were you divorced? If it was before December 2000 then you won't have a pension sharing order (PSO), more likely a pension allocation/earmarking order. ie, when your ex starts to draw his pension, he will have to pay you X% as per the agreement.

The problem with most pension allocation/earmarking orders is that if your ex dies before you then your pension dies with him - hence the introduction of PSOs.

If you did divorce after December 2000, and were awarded a PSO, then you should have received a fair bit of information from your ex's pension fund - ie, you may have, by default, stayed in the same scheme as a 'pension credit member' with your own pension record, or you may have been asked to transfer the value of your allocation to your own pension scheme.

ADD: Using xylophone's handy link in his post No 4, type 'pension earmarking' in the search box at the top of the screen.

Malthusian

MadeofSteel wrote: »

I thought my solicitor saw to those things?

When someone receives a pension sharing order they often have to set up a new plan to receive the transfer (unless the ex's pension scheme allows them to become a member). Solicitors don't provide financial advice and setting up new pension plans is not their department. You either go to a financial adviser or do it yourself.

You certainly should still be able to claim it, especially as the pension company has told your ex that it is still sitting there waiting to be claimed.

As Silvertabby says it does depend on exactly what you were awarded, but it does sound to me like a Pension Sharing Order. If it was earmarking (aka pension allocation) there would have been no need for you to do anything until your ex claimed their pension.

You should consider taking advice from an FCA-authorised independent financial advice as to what to do with it.

Silvertabby

Malthusian wrote: »

When someone receives a pension sharing order they often have to set up a new plan to receive the transfer (unless the ex's pension scheme allows them to become a member). Solicitors don't provide financial advice and setting up new pension plans is not their department. You either go to a financial adviser or do it yourself.

You certainly should still be able to claim it, especially as the pension company has told your ex that it is still sitting there waiting to be claimed.

As Silvertabby says it does depend on exactly what you were awarded, but it does sound to me like a Pension Sharing Order. If it was earmarking (aka pension allocation) there would have been no need for you to do anything until your ex claimed their pension.

You should consider taking advice from an FCA-authorised independent financial advice as to what to do with it.

Hmm - could still be either way. If it was a PSO, then there is no way the scheme should have told the ex that OP hasn't started to draw her pension yet, as there would be no link between his and her records (basic data protection).

Perhaps if OP could post the date of her divorce - and if her ex is now drawing his pension or not?

MadeofSteel

Thank you for all your help and replies.
I have been in touch with the Pension fund this morning and they have been trying to reach me but had wrong address.
They are now forwarding all appropriate paperwork in the ten days.
Many thanks again! X

Malthusian

Silvertabby wrote: »

Hmm - could still be either way. If it was a PSO, then there is no way the scheme should have told the ex that OP hasn't started to draw her pension yet, as there would be no link between his and her records (basic data protection).

[STRIKE]As far as I can see they didn't. The ex told the OP.[/STRIKE] Ah, got you, it's the scheme telling the ex that is the issue.

If the PSO was never implemented then the money could still be sitting in the ex's pension. It's not a data protection breach to tell them that a large sum of money hasn't been deducted from their pension (yet).

This isn't the first time I've heard of something like this happening and the OP isn't the first ex-spouse to take years to implement a PSO.

If it was earmarking then the OP couldn't draw the pension until the ex did.

Rscrimgeour

Hi
I’m in a similar position. I divorced 4 years ago and have been depressed and agoraphobic since then an unable to do anything about my share of my exes pension. I have no idea how to go about getting it. I will need to get a copy of the pension sharing order as it was lost during numerous moving of homes. What do I do once I have the PSO? Contact a financial advisor?

xylophone

Should you check with the Pension Scheme in the first instance?