Divorce: completing D81 form after retirement and pension valuations

cfdmaxted

Hi
both my husband and I are retired and are divorcing. We’re both drawing all our pensions which are defined benefits schemes. 

We are completing the D81 form 
this asks for pension valuations, in which we should put a cetv - we do have that data. 
but later in the form it asks for income- which is that same money - in effect we are double counting our pensions both as income and a cetv.

Pas a result our total  assets come out at a value we’d never be able to “liquidise” and keep the incomes were stating

surely if you’re already retired pensions go into D81 as income and not a cetv valuation 

ive searched and searched to see what to do, but can’t get an answer. The government advice pages don’t seem to cover this scenario

thanks

JGB1955

I would have thought that a pension in payment can't be transferred, so no longer has a CETV.  

sassyblue

Under the 'Income' box where you put a figure we write 'from pensions' , it’s large enough to squeeze a little writing in.

Silvertabby

JGB1955 said:

I would have thought that a pension in payment can't be transferred, so no longer has a CETV.  

It can for divorce purposes. 

TBagpuss

JGB1955 said:

I would have thought that a pension in payment can't be transferred, so no longer has a CETV.  

It can be transferred as part of a divorce and does has a CETV, however, the provider has no legal obligation to produce a free CETV and so getting one can be pretty expensive and time consuming. 

For the purpose of a D81 you can either put it in the CETV box or just in the income section, and either way can include in para 9 that you have pensions which are in payment so have not been listed in section 7, or that the pensions cetv shown in s7 are in payment and the payments are included in the income figures given.

The form is thee so the judge can see your agreed order is fair, so as long as it's reasonably clear what the assets are, it's not totally rigid. The one thing to avoid is using different methods for you and for your spouse (e.g. you don't want to give your CETV but your spouse only show the income, or vice versa)