Claiming a spouse's pension on separation/divorce 27 December 2021 at 2:44AM in Marriage, relationships & families 8 replies 690 views

HurdyGurdy

During a particularly competitive board game this Christmas, where I blocked my husband's next "killer move", he joked that my actions could be seen as grounds for divorce. I said "you go right ahead, as I'd end up better off than you, as I'd have half your pensions" (he's currently in receipt of two of his work related pensions, but not state pension). 

He countered with "yes, but I'd also have half yours". And then there was a discussion around the table as to whether that was actually the case. In general terms, does each party of a divorced couple have entitlement to the ex-partner's pensions? Or is it, as two people in the room thought (I wasn't one of them) think that only the wife would be entitled to half the ex-husband's pension, and he wouldn't be able to claim any of hers?

(He went on to win the game, so I am relatively confident that my marital security is secure for the immediate future, at least  )

Savvy_Sue

Each party's worldly wealth is on the table in divorce. You wouldn't necessarily get half his pensions. 

Silvertabby

Both of your pensions are classed as 'marital assets' in the event of divorce.

However, that doesn't mean that you would automatically get 50% of his and he would get 50% of yours - just that the values of both are included in the pot.

During my 20 years with the LGPS I did countless divorce CETV calculations ( the valuation for 'the pot') but only something like 10% progressed to actual pension sharing orders, presumably because the value had been offset against something else.

Keep_pedalling

If a divorcing couple had pensions of equal value there would be no need to split either of them. If one had a bigger pension then it would be the bigger one that could be split.

gettingtheresometime

HurdyGurdy said:

During a particularly competitive board game this Christmas, where I blocked my husband's next "killer move", he joked that my actions could be seen as grounds for divorce. I said "you go right ahead, as I'd end up better off than you, as I'd have half your pensions" (he's currently in receipt of two of his work related pensions, but not state pension). 

He countered with "yes, but I'd also have half yours". And then there was a discussion around the table as to whether that was actually the case. In general terms, does each party of a divorced couple have entitlement to the ex-partner's pensions? Or is it, as two people in the room thought (I wasn't one of them) think that only the wife would be entitled to half the ex-husband's pension, and he wouldn't be able to claim any of hers?

(He went on to win the game, so I am relatively confident that my marital security is secure for the immediate future, at least  )

interesting that that the view was that the wife would be entitled to the man's pension but not vice versa. And I speak as a female.

pinkshoes

What an odd view to have!

Perhaps it is because it is more likely to be women that sacrifice career climbing to raise a family?

After all it is very difficult to be both a good parent as well as a high flying career person - there are simply not enough hours in the day to do both!

(Before anyone gets on their high horse and has a rant, I'm not saying you have to choose between raising kids and a career, you can easily do both, but being top of your game in many careers requires longer hours and time commitment so you would not physically have time to do lots of things with the kids too).

74jax

HurdyGurdy said:

During a particularly competitive board game this Christmas, where I blocked my husband's next "killer move", he joked that my actions could be seen as grounds for divorce. I said "you go right ahead, as I'd end up better off than you, as I'd have half your pensions" (he's currently in receipt of two of his work related pensions, but not state pension). 

He countered with "yes, but I'd also have half yours". And then there was a discussion around the table as to whether that was actually the case. In general terms, does each party of a divorced couple have entitlement to the ex-partner's pensions? Or is it, as two people in the room thought (I wasn't one of them) think that only the wife would be entitled to half the ex-husband's pension, and he wouldn't be able to claim any of hers?

(He went on to win the game, so I am relatively confident that my marital security is secure for the immediate future, at least  )

What was the reason people gave that only 1 person had to half their pension? 

A divorce is (for arguments sake) 50/50 of the couple, not 50/50 of one person. I find it strange that someone would think this, without further information on the total assets. 

Slinky

74jax said:

 I find it strange that someone would think this, without further information on the total assets. 

Presumably that person also thinks 'What's yours is mine, and what's mine is my own'

Ms_Chocaholic

It also depends on how long the couple have been married