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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33538
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband and I divorced in 2009 after 35 years of marriage.

Resolved Question:

My husband and I divorced in 2009 after 35 years of marriage. I am profoundly disabled and housebound. Reluctantly my husband had agreed to give me 50% of his RAF pension as his solicitor said that the Court would expect him to maintain me as he had been doing for years. He approached the RAF who said they would take 50% from him but would not pay it to me till I was 65 - I was 57. His solicitor said he would still have to maintain me as well as lose half his pension. I said No, that was unfair on him and wasn't what I wanted. So we agreed on a Court Order and he promised me he wouldn't look to reduce it. I agreed I wouldn't press for more - he was earning 50k and I might well have been due. The inevitable has now happened and he is looking to cease all payments over a 2 year period. Is it too late for me to make a claim against his pension?
Submitted: 2 years ago.
Category: 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.
What was the wording of the Order that was actually made?
Clare
Customer: replied 2 years ago.

Hi Clare, Sorry not to have replied sooner but only just opened my emails. Offhand, I'm afraid I couldn't tell you although I imagine it would be variable should circumstances change on either side.I can't remember anything specific to our personal situation. I imagine my copy is filed but I am completely unable to access it at present due to being unable to leave my bedroom. My daughter is going to try to come round at lunchtime to see if she can find a the court order so could you bear with me please? many thanks. Anne.

Expert:  Clare replied 2 years ago.
Hi
That is fine - just add the details when you can
Clare
Customer: replied 2 years ago.

Hi Clare


Please find attached scans of some of the original court documents that I have managed to find.


Kind regards


Anne

Expert:  Clare replied 2 years ago.
Hi
Thank you that is great
On what basis has he applied to reduce the payments?
Clare
Customer: replied 2 years ago.

He retired in 2012 and much as I accept that his income has reduced he and his wife still enjoy a standard of living I can only dream of - 3 weeks in USA last year, £40000 on home improvements in 4 years, a rental property,.His Raf pension will be literally double my occupational pension, his state pension will be higher.He has actually decided that he's done all he thinks he should with regard to maintenance and he doesn't see why he should have to keep paying out for me. I have found his solicitors letter in which my ex propsed that he made monthly maintenance payments of £300 on a JOINT LIFE BASIS - what does that mean please? Thank you, Anne

Expert:  Clare replied 2 years ago.
Hi
Is he offering you a further lump sum?
Clare
Customer: replied 2 years ago.

Absolutely not!!!!!! He is proposing to cut the Court Order to £150 for the next 12 months and then cease all payments. He told my daughter he thought he was being decent by staggering the cut-off. Unfortunately I can't appreciate his generosity. Kind regards, Anne.

Expert:  Clare replied 2 years ago.
Hi
Has he applied to the court for a reduction?
Clare
Customer: replied 2 years ago.


Not as yet. His solicitor has put the proposal to me that the payments are halved for 12 months before ceasing all together as his income has dropped due to retirement. I've written back detailing the vast gulf in our standards of living and advising that I will vigorously contest the proposal. He is reneging on the promise he made me when I said I would not push for the RAF pension as he would lose half AND have to make maintenance payments till the pension was put into payment when I was 65. I also promised not to seek extra money although he has earned approx. £50000 for the last 4 years with extra income from a rental property.


Hence my question about the RAF pension and if it is too late to make a claim upon it. I am disgusted with him and think I have been far too honest and "amicable" (he hopes we can resolve his request "amicably")! At the time of the divorce his solicitor said he was proposing to pay me £300 per month on a "joint lives basis". What does this mean please and is it relevant to the Court Order? The £300 was actually £33 short of half of the RAF pension he received at the time but I let it go. We agreed a Life Insurance policy to cover the Court Order and agreed to pay 50% each. He cancelled the policy without telling me, never having paid a penny so that costs me £30 per month out of the £300 he begrudgingly pays. He's not the man I married and I don't feel "amicable" any more! Kind regards Anne.

Expert:  Clare replied 2 years ago.

Hi You are no longer able to ask for a Pension Sharing Order I am afraid HOWEVER it is very clear that the spouse maintenance Order was made to last so long as you were both alive (joint lives) and is set at a level that clearly marks it as a method of sharing his pension - and the fact that a life policy backed it is even stronger evidence of this I would also suggest that you write and ask for the arrears on that policy i hope that this is of assistance - please ask if you need further details Clare

Customer: replied 2 years ago.

Thank you so much for your very clear and valuable help to me which I greatly appreciate. Many thanks and best wishes, Anne.

Expert:  Clare replied 2 years ago.
H Anne
You are most welcome - I hope all goes well
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33538
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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