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Claiming a spouse's pension on separation/divorce

HurdyGurdy
Posts: 989 Forumite


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
)
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

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Comments
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Each party's worldly wealth is on the table in divorce. You wouldn't necessarily get half his pensions.Signature removed for peace of mind1
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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.4 -
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.1
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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)
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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).Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
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)
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.
Forty and fabulous, well that's what my cards say....0 -
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'
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It also depends on how long the couple have been married
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