How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I have been separated from my husband 1/2 years, we had

Resolved Question:

I have been separated from my husband for 4 1/2 years, we had been married previously for 30 years, It had always been my intention to make sure I benefited from the pension plan we had put into place during our married time, however I have found out this week that he has cashed the pension In. Do I have any legal standing to recover my share of the pension paid if so am I entitled to equal share or not, knowing that since we separated he has not contributed to the pension?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 and what is the value of all the assets involved?
Clare
Customer: replied 1 year ago.

I live in Rugby in the midlands, and he has been paid £35,000

Expert:  Clare replied 1 year ago.
Hi
What other assets are there - such as the matrimonial home?
Clare
Customer: replied 1 year ago.

He has a house but he has bought that since we separated, so I wouldn't want to get involved with that one anyway.

Thanks you

Sue

Expert:  Clare replied 1 year ago.
Hi
What happened to the matrimonial home that you shared with him?
Clare
Customer: replied 1 year ago.

Whilst together we lived in rented accomadation

Expert:  Clare replied 1 year ago.
Hi
Ok
What income do you each have and what assets do you have?
Clare
Customer: replied 1 year ago.

I earn £25k a year I don't know what he earns. But I think this going to get messy he texted me last night to say the pension he has cashed is his serps and I hand no right to it which I know is right . my problem with it his dates are wrong as he said its from 1988 onwards I know we didn't go into seeps until 1993 we both did it at the same time. Also what makes me doubt him is the fact that isn't what he said to start with I am wondering now if when we had the serps back in 2011 he added it to the already pension in place. Do I have any rights to ask him to prove the source of his pay out. Or approach Zurich to see if the old pension is still in place?

Sorry for all the questions.

Expert:  Clare replied 1 year ago.
Hi
What assets do YOU have - including pensions
Clare
Customer: replied 1 year ago.

I don't have any i live in a flat that is rented i have a car purchasing with a loan. I also have a pension in my present employment which I started last year and I have my pension from my serps which I think Is about £12,000

Expert:  Clare replied 1 year ago.
Hi
Thank you for that.
Are you intending issuing divorce proceedings in the relatively near future?
Clare
Customer: replied 1 year ago.

We will have been separated 5 years in January, after this I think its a good possibility I will start proceeding

Expert:  Clare replied 1 year ago.
Hi
At that point you can still make a claim for a Pension Sharing Order relating to the pensions accrued during the years you were married - whether SERPS or otherwise.
The fact that the pension pot has actually been cashed in does not matter - he has other assets that you can make a claim against
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your help, much appreciated

Sue

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    164
    UK solicitor
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4742
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.co.uk/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1351
    Family Law - Specialist in Divorce, Financial Relief and Children Matters