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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband of over 30 years is asking divorce. All our

Resolved Question:

Hi my husband of over 30 years is asking for a divorce. All our children have grown up. My question is when dividing up the assets, which I assume would normally be a 50/50 split, are pension values taken into account.
My husbands pension is held in a Guernsey Retirement Annuity Scheme run by pension manager and the whole pension amount is invested in a cattery business here in the UK which I run on a day to day basis. My husband lives / works in Guernsey and spends less than 90 midnight's in the UK.
My husband say I have no claim of his pension. So my question is, is that correct?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

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?

Customer: replied 1 year ago.
I am living in England in a house jointly owned by us worth approx £800k
My husband is 58 I'm 52
His pension is invested in a cattery business which was purchased in May this year for £700k I have a private pension valued at approx £80k in January this year
His income is £80k per annum I'm currently running the cattery but unpaid
Expert:  Harris replied 1 year ago.

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?

Customer: replied 1 year ago.
the house has a mortgage of £80k o/s and has 3 bedrooms. The cattery has a 4 bedroomed house
Expert:  Harris replied 1 year ago.

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.

I hope this assists you. 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 your question without a positive rating. Thank you.

Expert:  Harris replied 1 year 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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