Pension Sharing of Pension Contributions Finished Prior to Marriage

chrisrsmith

I am about to get divorced (second marriage) and am trying to understand if I have to give my second wife a share of one of my pensions that ended (I left that employer) before we got married? I already had to honour my first wife a pension sharing order (which I totally accepted) on this particular pension as we were together when I was paying into the pension.

El_Torro

How long were you married to your current wife? If it was 5 years or more then generally speaking the assets should be split 50 / 50. Whether that means she gets half of all your pensions or some other assets is up to the two of you to decide.

chrisamyphillip

31st July 2017, so yes greater than 5 years.

Silvertabby

England/Wales/ NI or Scotland?  Different rules apply.

chrisamyphillip

Currently live in England but got married whilst residents in Wales if that makes any difference? We are both English.

Silvertabby

chrisamyphillip said:

Currently live in England but got married whilst residents in Wales if that makes any difference? We are both English.

No, it's the Scottish laws that are different (and would have been to your advantage).

VyEu

Potentially, depends on the size of your respective pension assets and whether the pre-marriage one is required to meet 'need'.

Starting position is that it would just be the actual within the marriage, the pre-marriage accrual is prima facie non-matrimonial but can be invaded to meet need (as above)