Hi, thank you for your question. Your husband is incorrect and you can claim from his pension but this will depend on a variety of factors. Please confirm:
-Are you in England or Wales?-How old are you both?-What assets and pensions do you both have (both sole and joint), together with values?-What are your respective incomes?
Is there any mortgage on the property, if so how much? How many bedrooms is the property and do you live there alone with him?
Are there any other assets at all?
Thanks. In relation to the pension, given the large disparity between your pensions, the long marriage, your ages and you having no income therefore unlikely to increase your pension pot substantially before retirement- a court will likely be persuaded that pensions should be equalised.
The court will also want to consider how both your housing needs will be met upon divorce and given the large equity in the property it would be usual for the court to order a sale of the property and for equity to be divided between you to enable you both to rehouse independently.
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