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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34288
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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Do you have to share your pension on divorce. Married 13 years,

Resolved Question:

Do you have to share your pension on divorce. Married 13 years, separated 3 years ago.
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.
How long were you living together in total and are there any children involved?
Clare
Customer: replied 2 years ago.

Married in 1997 overseas. Moved here in 2000, started work that year.

There are two children aged 15 and 10. Marriage broke down in 2011 and separately in 2012. Partner now living with someone else. Children living with the mother but spend about 100 days a year with father

Expert:  Clare replied 2 years ago.
Hi
Pensions are indeed part of the assets for division between you - with each of you having a claim on half of the pension accrued during the marriage by the other spouse.
However the costs of a Pension Sharing Order often means that it is more effective to "trade"pension rights against other assets
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks Clare, Please can you clarify two points then. As my wife had a pension for the first 4 years we were in this country, does she need to take that into account - ie only claim a share of my pension from after she stopped paying until the break up of the marriage in 2011?

Further if I have to give her a percentage of my pension does she have to share hers with me.

Thanks

Expert:  Clare replied 2 years ago.
Hi
The current cash equivalent transfer values of both pensions are obtained and set against each other
That will also be balanced with the number of years that the pensions was running against the number of years you were married
Once those rough calculations are done then you have an idea of what Order might need to be made
Clare
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