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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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i am 70 years of age, been married 10 years, and have been

Customer Question

i am 70 years of age, been married 10 years, i live in a council house with no assets,and have been separated 5 years, i have a private pension of £580 net per month saved to marrying my current wife, i have a state pension of £110 per week and no savings, i work nights in a hotel with wages of £900 net per month. (total approx £1600 net ) my wife 28 years old Gambian (uk citizen) currently working as a carer and about to do a 2 years masters degree relying on grants to support herself. she is not agreeing currently to divorce. would she be entitled to any of my wages or pension income on divorce?

Submitted: 2 years ago.
Category: Law
Expert:  seanferguson13 replied 2 years ago.
seanferguson13 :

there. This is a very complicated area of law. However, broadly speaking the answer is she could be awarded part of your pension income. In December 2000, legislation came into effect that allowed pension sharing on divorce. There is no obligation on the courts to insist on pension sharing. It is simply one of several options available, along with earmarking and the traditional method of offsetting pension rights against other matrimonial assets. As a result, not every divorce will result in a pension sharing order. This would also apply to your general income i.e. your wages. Is there anything else you would like to know?

JACUSTOMER-gtnhzt43- :

thanks, ***** ***** really answer my question, i was aware of this prior to your reply, expected a more definite answer

Expert:  Clare replied 2 years ago.

Thank you question.
My name is ***** ***** I am a family lawyer
and I will do my best to help you
Since you have been living apart years you can issue a divorce petition based on that separation
Your ex can raise finances as a reason the divorce but that is unlikely to be successful.
Technically your ex would have a potential claim maintenance and could seek a Pension Sharing Order.
However since all the pension accrued prior to the relationship starting it is unlikely that the Courts would make a Pension Sharing Order.
Technically your ex could claim spouse maintenance - but the age difference and the fact that she could earn a living income if she chose to makes it highly unlikely that it would be granted
Please ask if you need further details
Clare
Customer: replied 2 years ago.

, in the worse scenario re pension would she be likely to be awarded up to 50% of annuity income, as she has decided to do masters to go with her existing degree is it likely the court would decide i have to pay her maintainence

Expert:  Clare replied 2 years ago.

Frankly it is unlikely that she will be awarded any of your pension - certainly not 50% of it - nor anything close - very worst case scenario would I suspect be 10% - and frankly even that is unlikely
You would not be expected to fund her masters by paying maintenance
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

again, just seen you are in USA, re your advice is it equally applicable to uk ? thanks john

Expert:  Clare replied 2 years ago.

The site is in the US - but I am a solicitor in the UK so the advice I have given is and Wales
Clare