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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33316
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 I am currently going through a divorce my question for

Customer Question

Hi
I am currently going through a divorce my question for you is My wife wants half of my pension which is valued currently at 75k

I understood that she is only entitled to a share of my pension which is How long we have been married and she gets a share of of my pension for our married years only

My pension started in 1/jan/2001 we got married feb/2005

my wifes solicitor recommends she has a full 50% share of my pension

Justin
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Which part of the Uk are you in?
When did you start to live together?
Clare
Customer: replied 2 years ago.

We started living together in July 2001
we live in Nottingham Uk


I served in the British Army from 1996-2001 I transferred my army pension into my present company's pension scheme in 2003 so essentialy my wife is taking a share of my pension from 5yrs before I even met her?


 


Justin


 


 


 

Expert:  Clare replied 2 years ago.
Hi
Are there any children involved and what other assets are there?
Clare
Customer: replied 2 years ago.

yes everything else has been sorted out its just the pension I need a answer on thanks


 


Justin

Expert:  Clare replied 2 years ago.
HI
The problem is that the Family Court has a large area of discretion
However given that some of the pension income predates the relationship (the army part) it could be successfully argued that that part should be ignored fully.
There is then a question of whether the time that you were living together should be part of the calculation or not.
Whilst in terms of the overall settlement the co-habitation counts, in terms of pension sharing it is less clear and it can be successfully argued that it should not.
Accordingly rather than being entitled to half of the pension (after the army part is deducted)she would only be entitled to 9/26 ths.
HOWEVER do remember that you are actually arguing over £10,000 at most - receivable at some time in the future.
Please ask if you need further details
Clare

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