Pension Sharing Orders

Mareham

My ex wife and I were divorced about 5 years ago. Our relationship lasted about 25 years. WE are now in our late 60s. She she now applied for a PSO. We are both receiving public service pensions. All assets were divided equally at the point of separation but not the pensions . Can any of the following issues to take into account in determing any division of pensions?:
1. I had accured 28 years of pension entitlement before we met
2. She resigned from her public service pension when about 50 despite being offered in writing an alternative job on the same grade
3. From that resignation she did not seek any other pensionable employment to make her more financially independent. ( all Children at that time were adults). She obtained a few casual part time jobs only. As a result the gap between my 40 year pension and hers ( based on about 5 years ) is large. I appreciate that is a need to consider a fair share but 50: 50 seems unreasonable given her unwillingness to work from 50.

Any thoughts would be much appreciated.

Ret

Silvertabby

England/Wales or Scotland?  The rules are different.

Mareham

It is England

Marcon

Mareham said:

My ex wife and I were divorced about 5 years ago. Our relationship lasted about 25 years. WE are now in our late 60s. She she now applied for a PSO. We are both receiving public service pensions. All assets were divided equally at the point of separation but not the pensions . Can any of the following issues to take into account in determing any division of pensions?:
1. I had accured 28 years of pension entitlement before we met
2. She resigned from her public service pension when about 50 despite being offered in writing an alternative job on the same grade
3. From that resignation she did not seek any other pensionable employment to make her more financially independent. ( all Children at that time were adults). She obtained a few casual part time jobs only. As a result the gap between my 40 year pension and hers ( based on about 5 years ) is large. I appreciate that is a need to consider a fair share but 50: 50 seems unreasonable given her unwillingness to work from 50.

Any thoughts would be much appreciated.

Ret

Why were pensions not taken into account - oversight/didn't know they could be/the pair of you agreed that the division of assets was fair and you both had your own pension provision...?

Did you get a consent order in respect of your sharing of assets? 

Mareham

I believe that we both thought that the decree absolute was a final agreement ie that all financial issues  and assets had been resolved. The lesson for me is that I was unaware that this did not constitute a clear break. So whilst we had agreed in email correspondence and the decree absolute that everything had been resolved my ex wife has decided to make a claim now.

Silvertabby

Mareham said:

It is England

Then, in theory, all of your pension will be thrown in 'the pot' (in Scotland, the 28 years you accrued pre marriage would be ignored).

Thrugelmir

Was a financial consent order drafted by your solicitor at the time of divorce? 

QrizB

Mareham said:

My ex wife and I were divorced about 5 years ago. Our relationship lasted about 25 years. WE are now in our late 60s. She she now applied for a PSO. We are both receiving public service pensions. All assets were divided equally at the point of separation but not the pensions . Can any of the following issues to take into account in determing any division of pensions?:
1. I had accured 28 years of pension entitlement before we met
2. She resigned from her public service pension when about 50 despite being offered in writing an alternative job on the same grade
3. From that resignation she did not seek any other pensionable employment to make her more financially independent. ( all Children at that time were adults). She obtained a few casual part time jobs only. As a result the gap between my 40 year pension and hers ( based on about 5 years ) is large. I appreciate that is a need to consider a fair share but 50: 50 seems unreasonable given her unwillingness to work from 50.

Any thoughts would be much appreciated.

Ret

I don't wish to seem rude but are you sure about your numbers?

• You are now late-60s. (Let's say very nearly 70)
• You divorced 5 years ago (aged 65)
• You were together for 25 years (from 40)
• Before meeting (at 40) you accrued 28 years of pension - you started working when you were 12?
• When your wife was 50 (10 years after you met) your children were already adults?

You can see why I don't think this all hangs together?

Marcon

Thrugelmir said:

Was a financial consent order drafted by your solicitor at the time of divorce? 

No - see answer to my post above.

Thrugelmir

Marcon said:

Thrugelmir said:

Was a financial consent order drafted by your solicitor at the time of divorce? 

No - see answer to my post above.

Then it's back to square one. The ex has no doubt sought legal advice. 

Mareham

Reply to quizb. Sorry you are quite right. Numbers not right. It should read 18 years of pension entitlement not 28.apologies