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  • FIRST POST
    • rae2820
    • By rae2820 6th Aug 18, 7:05 PM
    • 30Posts
    • 9Thanks
    rae2820
    Raf Pension sharing order valid if I remarry ?
    • #1
    • 6th Aug 18, 7:05 PM
    Raf Pension sharing order valid if I remarry ? 6th Aug 18 at 7:05 PM
    Hello all,

    If there's anyone out there that knows the answer to my question , I'd be grateful.
    My first husband and I divorced in 2002 . He was in the RAF ,we parted on good terms & as part of the financial settlement we agreed that his pension would be subject to a pension sharing order as I had care of the children .I was allocated a 20% share.
    ( I did ( unfortunately !) remarry but that did not work out and i have been trying to find him to divorce him for the last 4 years )
    Am I still eligible to claim that pension, or does the fact that I remarried nullify this ?

    thanks
Page 1
    • molerat
    • By molerat 6th Aug 18, 7:27 PM
    • 19,094 Posts
    • 13,318 Thanks
    molerat
    • #2
    • 6th Aug 18, 7:27 PM
    • #2
    • 6th Aug 18, 7:27 PM
    A PSO is not affected by future events, it is a normal pension belonging to you.
    https://www.gov.uk/government/publications/armed-forces-pensions-on-divorce-and-dissolution-of-civil-partnerships/guidance-and-information

    From the AFPS75 guide

    In legal proceedings begun on or after 1 December 2000, courts have had the additional option of making Pension Sharing Orders on divorce. These provisions also apply to the dissolution of a civil partnership. It allows pension rights to be treated like other assets and part or the whole of their value to be transferred from the member to the former spouse or civil partner. The payment of the pension is direct to the former spouse or civil partner, and is not affected by changes in the circumstances of the member or former spouse or civil partner after the divorce or dissolution. In this way, the two parties are helped to make a financial "clean break".


    Under a Pension Sharing Order, a court may order that a percentage of the value of your benefits is transferred permanently to your former spouse or civil partner and they become a pension credit member. These rights are known as pension credit rights and are payable when the former spouse or civil partner reaches the age of 60, if the order was made before 6 April 2006, or 65, if it was made after that date. The pension may be paid earlier at age 55, but at an actuarially reduced rate.
    Last edited by molerat; 06-08-2018 at 7:32 PM.
    www.helpforheroes.org.uk/donations.html
    • rae2820
    • By rae2820 6th Aug 18, 7:31 PM
    • 30 Posts
    • 9 Thanks
    rae2820
    • #3
    • 6th Aug 18, 7:31 PM
    • #3
    • 6th Aug 18, 7:31 PM
    A PSO is not affected by future events, it is a normal pension belonging to you.
    https://www.gov.uk/government/publications/armed-forces-pensions-on-divorce-and-dissolution-of-civil-partnerships/guidance-and-information


    From the AFPS75 guide
    Originally posted by molerat
    Thank you so much , that sounds like good news to me !
    • kidmugsy
    • By kidmugsy 6th Aug 18, 7:57 PM
    • 11,349 Posts
    • 7,880 Thanks
    kidmugsy
    • #4
    • 6th Aug 18, 7:57 PM
    • #4
    • 6th Aug 18, 7:57 PM
    A PSO is not affected by future events, it is a normal pension belonging to you.
    Originally posted by molerat
    But presumably her second husband could claim half of it in a divorce settlement?
    Free the dunston one next time too.
    • rae2820
    • By rae2820 6th Aug 18, 8:02 PM
    • 30 Posts
    • 9 Thanks
    rae2820
    • #5
    • 6th Aug 18, 8:02 PM
    • #5
    • 6th Aug 18, 8:02 PM
    sooo...one more question...

    If the value of my share was stated at 47176.67 in 2002 with a lump sum of 19,728.23 and an annual sum of 6576.07 is that how much it will be worth when I can claim it or will that change ?
    • rae2820
    • By rae2820 6th Aug 18, 8:04 PM
    • 30 Posts
    • 9 Thanks
    rae2820
    • #6
    • 6th Aug 18, 8:04 PM
    • #6
    • 6th Aug 18, 8:04 PM
    But presumably her second husband could claim half of it in a divorce settlement?
    Originally posted by kidmugsy
    Gosh ! what a thought ! Good point !
    His pension is worth way more than mine so it would not be in his interests to do so...I hope
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