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Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2778
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am separated from my husband and looks like I will leave

Customer Question

I am separated from my husband and looks like I will leave the marriage with no money as there are to many debts he has run up. Would I be entitled to any of his pension ? We have been married for 12 years and in that time he didn't pay into it , he has told me I am not entitled to any of it as he hadn't paid into it while we were married ?
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-Do you have any children together, if so their ages and proposed arrangements?
-What assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

-How much are the debts, who accumulated them, when and what were they for?

Customer: replied 11 months ago.
My husband has got all the debt there is 1 joint one . We have no children I am 52 and earn 15,000 he is 45 and earns 40,000 I think? We have a house with a mortgage oh and he says he is going to make himself bankruot . Just want to know where I stand with the pension as I don't have one. I think he has roughly 300k in his pot. Thankyou
Expert:  Harris replied 11 months ago.

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Expert:  Harris replied 11 months ago.

Thank you. Firstly in relation to the pension, given your long marriage as well as children from the marriage, your age and low income - it is likely that the court will agree you should be entitled to pension sharing, or pension offsetting if you can demonstrate that you cannot raise a sizeable pension before retirement.

The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. For your information the criteria considered by the court in these matters is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Harris replied 11 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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