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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34274
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi there I am considering getting divorced. I receive a RAF

Resolved Question:

Hi there
I am considering getting divorced. I receive a RAF pension. I only married my wife in last year of my military career. Is she entitled to any of my pension.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you lived together and are there any children involved
What other assets and debts are there?
Clare
Customer: replied 3 years ago.

We have been married 7 year. She has a 21 year old and a 13 year old from a previous marriage. the ex send her maintenance from the 13 year old. There are no debts. Only the mortgage. I was married before and when I divorced i gave her the house and I got to keep my Pension. I currently work In Saudi Arabia. I have been away for 15 months. I have been tripled the payment of the mortgage over this period. I dont feel I want to do that any longer. Please help.

Expert:  Clare replied 3 years ago.
Hi
What is the value of the other assets and what income do you each have?
Clare
Customer: replied 3 years ago.

I earn £55.000 a year and is tax free. Then my pension is about £11500 a year. She earns about £7.500. per year as a nursery nurse. Surely she should have any rights to my military pension as she was only with me one year of my career. Thanks for your help. The house is worth £200.000 and about 116,000 lefet on it. I pay all the house hold bills and have increased the mortage to £3000 per month to pay it off early.

Customer: replied 3 years ago.

as for assets. There is just furniture in the house. I dont have a car in UK. We have no savings. But also have no bills or loans. Or credit cards.

Expert:  Clare replied 3 years ago.
Hi
Could she increase her income at all?
Clare
Customer: replied 3 years ago.

Not a lot really. She just works in a nursery nurse. I guess she could increase here hours. I really dont see why o should lose my pension. and would I have to pay maintenance for her daughter if she is already getting it from her real dad. Thank for your help.

Expert:  Clare replied 3 years ago.
Hi
You certainly do not have to pay maintenance for her daughter
Just to check - how much capital did you each contribute to the purchase price of the property?
Clare
Customer: replied 3 years ago.
About £30000 between us.
Expert:  Clare replied 3 years ago.
Hi
How much each?
Clare
Customer: replied 3 years ago.
If I said she put in 20000 and me 10000. But roughly
Expert:  Clare replied 3 years ago.
Hi
Her claim on your pension as capital is negligible and there is little risk of a pension sharing order being imposed upon you against your wishes.
However she does have a relatively good claim for ongoing spouse maintenance - both because of your salary and because of your pension - so in that way yes she does have a claim on your pension
One way to deal with this is to offer her either time limited but generous spouse maintenance - or a larger share of the equity in the property
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Thanks for your help and advice. I hope there is enough in the equity of the house. Why is spouse maintenance ongoing if we are divorced. Surely it must stop somewhere.

Expert:  Clare replied 3 years ago.
HI
It stops on her death or remarriage or cohabitation - or at a point agreed with the court
£80,000 equity is more than enough to allow for a Clean Break settlement
Clare
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