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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34580
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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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: 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 and what is the value of all the assets involved?
Clare
Customer: replied 2 years ago.

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

Expert:  Clare replied 2 years ago.
Hi
What other assets are there - such as the matrimonial home?
Clare
Customer: replied 2 years 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 2 years ago.
Hi
What happened to the matrimonial home that you shared with him?
Clare
Customer: replied 2 years ago.

Whilst together we lived in rented accomadation

Expert:  Clare replied 2 years ago.
Hi
Ok
What income do you each have and what assets do you have?
Clare
Customer: replied 2 years 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 2 years ago.
Hi
What assets do YOU have - including pensions
Clare
Customer: replied 2 years 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 2 years ago.
Hi
Thank you for that.
Are you intending issuing divorce proceedings in the relatively near future?
Clare
Customer: replied 2 years 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 2 years 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 and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your help, much appreciated

Sue