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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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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My pension was divided 50/50 with my ex wife on divorce in

Resolved Question:

My pension was divided 50/50 with my ex wife on divorce in 2007. I have now retired and am drawing my pension. She is taking me back to court asking for further payments. Is it legal to return to a pension sharing agreement?
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.
Was a Pension Sharing Order made?
On what basis is she making a further application?
Clare
Customer: replied 2 years ago.

Yes, a pension sharing order was made. She received half the lump sum and half the payment. She is claiming that she has no other source of income and to draw her pension now, at 55 instead of 60 (it is an NHS pension payable at 60) would reduce it too much.

Expert:  Clare replied 2 years ago.
HI
Was a Final Order made dismissing all claims including spouse maintenance
Clare
Customer: replied 2 years ago.

The final order was for periodical payments until 6 months after I gave notice of intention to retire after which no further claims could be made, but thatapplication to extend could be made before. I gave notice 8 months ago and retired 2 months ago. She made the application 4 months after I gave notice

Expert:  Clare replied 2 years ago.
Hi
How old is she and what is her earning capacity?
Clare
Customer: replied 2 years ago.

She is 55. She used to be a nurse but has refused to work for the last 25 years. There is no reason she cannot work. She just won't.

Expert:  Clare replied 2 years ago.
Hi
May I ask why your income is now that you have retired?
Clare
Customer: replied 2 years ago.

£1900 per month

Expert:  Clare replied 2 years ago.
Hi
What income has she disclosed
Clare
Customer: replied 2 years ago.

At present, none. She has only declared her periodical payments which were 5400 a month until last month

Expert:  Clare replied 2 years ago.
Hi
Sorry - could you confirm what the periodical payments used to be
Clare
Customer: replied 2 years ago.

They were £5400 per month

Expert:  Clare replied 2 years ago.
Hi
So she could have saved some of her monthly income?
Clare
Customer: replied 2 years ago.

One would have thought so given there was always going to be a gap.

Expert:  Clare replied 2 years ago.
Hi
This is going to be your strongest argument.
the Order allows for her to make this application - but she is going to have to explain why she has not been able to make alternative provision from a very large monthly payment to cover the intervening years - or alternatively why she has not found some employment - or altered her lifestyle to adapt to her new income.
So sadly yes she can make the application - but from what you have said she will have considerable difficulty in persuading the court that this is not a problem of her own making
Please ask if you need further details
Clare
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