Seperation

janet2300

I am legally separated from ex but are not really interested in a divorce at this time. I am still in the marital home as my youngest is still in school. He’s mentioned that he’s drawing down money from his pension next year. I am wondering if and how much of a percentage I would be due as I was a stay at home mum and only worked sporadically, 

DE_612183

I presume you haven't got a financial agreement yet?

dunstonh

 am wondering if and how much of a percentage I would be due as I was a stay at home mum and only worked sporadically, 

Things like this are all part of the divorce agreement but as you have no interest in that currently, then it is what you agree (or fail to agree) between you.

janet2300

Nothing in writing , all been amicable so far but I didn’t want to say that I’m due half and cause issues if I’m not. 

WYSPECIAL

A lot more detail would be needed about ages, incomes, all assets, length of marriage and children for anyone to comment.

You can’t get a financial order without a divorce though.

Number75

Are you in Scotland? Separation Agreements seem pretty common there, less so in England. 

If so, there are clearer rules on what will be considered in a divorce settlement. In England, you’d still be accumulating a “share” now, whereas in Scotland even pre-divorce you stop having an interest in pension built up after you separate.

Although you say it’s an amicable split, it doesn’t sound it if you’re too scared to raise the perfectly fair question of pension sharing. 

Go to see a solicitor and get a personalised view on what you should request in a Pension Sharing Order. Then start the divorce process. I have a feeling you will regret it if you don’t. 

Albermarle

Income from a pension is really only the same as income from employment.
So if you have an agreement that he  gives you money now from his salary, you could argue that he should do the same from his pension I suppose . The problem is that normally a pension is less than a salary, unless he is taking it whilst working.

If you were divorced then all financial assets would be put in the pot ( house, pension, savings etc ) and then reshared out by agreement. As a generalisation it was often said that  the man would keep his pension, and the woman would get the house, especially if she had custody of the children . Not sure how true that is in reality.

Marcon

WYSPECIAL said:

A lot more detail would be needed about ages, incomes, all assets, length of marriage and children for anyone to comment.

You can’t get a financial order without a divorce though.

You can get a contractually binding separation agreement, though, assuming 'legally separated' actually means 'judicial separated' ?

janet2300

what’s the difference what’s the difference? I went to a lawyer and they provided a letter saying I was legally separated. 

Marcon

Judicial separation requires a court application: https://www.gov.uk/government/publications/form-d8s-apply-for-a-judicial-separation. 

WYSPECIAL

janet2300 said:

what’s the difference what’s the difference? I went to a lawyer and they provided a letter saying I was legally separated. 

Judicial separation is for people who don’t want to divorce for religious or moral reasons. It is dealt with by a court and they can then deal with finances but NOT pension sharing. Neither party is free to remarry.

if you are judicially separated you will have paperwork from the court that dealt with it.