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Ask Harris Your Own Question
Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I've been with my wife for 26yrs but only married 5yrs is

Customer Question

Hi I've been with my wife for 26yrs but only married 5yrs is she entitled to half my pension? I built my pension up for 15yrs before I met her, is she only entitled to half from the day we cohabitated.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Or is she only entitled to half from the day we married.
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?

-Did you cohabit immediately prior to the marriage, if so for how long?
-Do you have any children together, if so their ages and proposed arrangements?

-What is the size of your pension?

-Does she have a pension, if so what is the size of hers?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Harris and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Harris, I'm 69 and my wife is 68.We lived together for 21yrs prior to marrying in 2009 we have been seperated since March 2014. We don't have any children together. I only have a small company pension of £474 a month and a weekly state pension of £144. She only receives a similar weekly state pension but receives some support of £250 a month from her mum as a carer.
Customer: replied 1 year ago.
We sold the marital home in 2014 and we both received 50% of the sale price which she put to purchasing a house with her daughter, and I'm now in a one bedroomed flat.
Customer: replied 1 year ago.
Hi Harris are you still available to discuss my questions?
Expert:  Harris replied 1 year ago.

Apologies for the delay in responding to you. Firstly, your marriage will be considered short, however, as you have cohabited for a significant amount of time immediately prior to the marriage it will be considered long for the court's purposes. Therefore, you will unlikely be able to "ring-fence" assets acquired prior to the marriage due to this.

For there to be a fair settlement in the eyes of the court you will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. 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. The criteria considered 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

Customer: replied 1 year ago.
Have I been charged £44 for this service because I did'nt receive a phone call from you.
Expert:  Harris replied 1 year ago.

Sorry, I have not accepted a phone call for this - I would request you contact customer services as they deal with such issues.

In the meantime please let me know if there is anything else I can assist with regarding your query.