Divorce, Mortgage and Pension advice please

Niamhwet

Hi, Im new here!!!
I have just got divorced and couln't be happier! However, I have 2 really good pensions and Im hearing that my EX husband could still claim on my pension. Im 60 and disabled and am still working but due to serious health issues I feel I may need to retire earlier. I have cashed in one pension so I can help my son with a deposit on his first  home and clearly my EX has heard and is suddenly being very pleasant to me! ( We were seperated for 7 years and hardly talk). Ive updated my Pension death Grant to say my 2 children will be the beneficaries and on Monday I will contact my Pension provider to update them on my new marital status....but Im still worried. He abused me financially for years and Im worried he can still get my hard earnt money....... Hoping someone can advise please.
Also Istill hve a 40.000 mortgage that I can pay off with my lump sum I received from my firs pension....should I do this? And do I need to inform the Tax office of my new Marital status re Divorced?

molerat

What financial settlement was agreed during the divorce proceedings ?

Brie

Was there a financial settlement agreed?  If so then I don't believe he will have any claim on anything.  I'm not sure what the situation would be if there wasn't something agreed, in writing.  

Re you mortgage - would paying this off make life easier for you?  Must admit when I got a redundancy settlement and paid my mortgage off it was a great relief.  One less thing to think about! 

Being disabled - are you entitled to any benefits?  Possibly PIP??  If you are in receipt of this and haven't applied I would suggest that be a priority as the system is due to change.  

Do make it clear when you contact your pension provider (private and work pensions?) that the split was acrimonious and that under no circumstance should your ex be entitled to anything.  If there is life assurance through work too ensure they know.  Many pension and other admins by default will assume a spouse is to be paid out so you may need to ensure they have the official divorce paperwork along with your nomination of your children as the only potential beneficiaries.

Not sure about HMRC.  Only thing I can think of is if you/he had a tax code that shift some personal allowance one way or another but I suspect you would have sorted that out ages back or it wouldn't apply if you are working full time.  

Niamhwet

Oh dear,we didnt do a settlement as He said it was not needed and as Im not good with these things I didnt think. Im not even sure we changed the tax code. Now Im really worried!

QrizB

Niamhwet said:

Oh dear,we didnt do a settlement as He said it was not needed and as Im not good with these things I didnt think. Im not even sure we changed the tax code. Now Im really worried!

Wel he would say that, wouldn't he!

Did you discuss a financial settlement with your dovorce lawyer? What did your lawyer have to say about it?

Brie

Don't worry yet about something that hasn't happened.  Afterall a financial settlement works both ways.  You are entitled to his pension too.  So maybe if it did progress he would end up owing you and not the other way around.  

Meanwhile - collect evidence.  Anything in any format that shows he said a settlement wasn't needed, anything that shows financial abuse, anything that shows you paid more to the household than he did.  

And talk to your kids.  I assume if you are 60 they are maybe at least in their 20s so adults.  Let them know in a polite way what has been said by your ex and what concerns you.  They can be your best allies.  

Silvertabby

You need legal advice.   What does he have in the way of his own pensions?  Telling you that a 'clean break wasn't needed' sends up a huge red flag with me, and could mean that he knows he has substantial pension benefits that he didn't want throwing into the marital assets 'pot'.  But now he has had a sniff of your pension.....

Note: Even if he is already in receipt of his pension(s) they can still be subject to a PSO (Pension Sharing Order) - but you will need a Court Order for that.  

Marcon

Niamhwet said:

Oh dear,we didnt do a settlement as He said it was not needed and as Im not good with these things I didnt think. Im not even sure we changed the tax code. Now Im really worried!

Presumably this was a DIY divorce? 

The tax code is totally irrelevant. The lack of a clean break is very relevant indeed.  See https://www.gov.uk/money-property-when-relationship-ends/get-court-to-decide

Marcon

Brie said:

Don't worry yet about something that hasn't happened.  Afterall a financial settlement works both ways.  You are entitled to his pension too.  So maybe if it did progress he would end up owing you and not the other way around.  

On the contrary: the time to worry is before something hasn't happened, so that you can take action to minimise the chances of it doing so. Neither side is 'entittled' to the other's pension; it depends what is agreed and (in the case of pensions) sanctioned by the court.

Brie said:

And talk to your kids.  I assume if you are 60 they are maybe at least in their 20s so adults.  Let them know in a polite way what has been said by your ex and what concerns you.  They can be your best allies.  

Divorce is between two adults and the fallout for any offspring should be minimised as much as possible. Trying to weaponise the children is unattractive and not the action of a responsible parent - think what it would do to their relationship with their father.

Albermarle

OP Just for general info, the normal/best way to split financially during a divorce is as follows:

Each side makes a list of assets ( things they own) , such as pensions, savings accounts, cars etc including the part of things they may own jointly ( like a house usually) .
This is all then added up and an approximate 50:50 split is made. Usually not everything is literally split in half, but there is an exchange ( such as one keeps their pension and the other one gets the savings) .
This can be done without solicitors, ( but often they get involved) but must all be in writing and agreed/signed by both sides. This is the so called clean break.
Now I know you did not do this, but probably worth knowing how it should be done as a background to any current discussions. It maybe your ex will claim they did not get 50% and now they want to. 
However as already said, maybe he will owe you, if he took his financial assets away from the marriage without discussion.

molerat

Marcon said:

Niamhwet said:

Oh dear,we didnt do a settlement as He said it was not needed and as Im not good with these things I didnt think. Im not even sure we changed the tax code. Now Im really worried!

Presumably this was a DIY divorce? 

The tax code is totally irrelevant. The lack of a clean break is very relevant indeed.  See https://www.gov.uk/money-property-when-relationship-ends/get-court-to-decide

It is relevant to some extent, marriage allowance if applicable must be cancelled.