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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9806
Experience:  I have been practising for 30 years.
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My husband and I have lived apart for five and a half years.

Resolved Question:

Hi. My husband and I have lived apart for five and a half years. He now wants a divorce. I took on his children from being small and brought them up as my own as well as supporting him in his work for over 30 years.
When we separated we shared our finances 50/50. He has 3 private pensions of which a percentage would be paid to his spouse on his death.
In the case of divorce would I have a claim on those pensions or, as I suspect would they go to the woman he has lived with since we separated should be marry her?
Many thanks for you advice
Submitted: 1 month ago.
Category: Law
Expert:  F E Smith replied 1 month ago.

Hello how long were you together as a couple and married please?

Customer: replied 1 month ago.
31 years
Expert:  F E Smith replied 1 month ago.

Thank you. Assuming that he’s not going to die any time soon, then the percentage that would be paid to you on his death is a little academic. What happens in circumstances like this is that you need a Cash Equivalent Transfer Value (CETV) for each of the pensions which converts it to a cash equivalent so that you can bargain. He may want to keep his pensions and for example agree to giving you a larger proportion of the house.

There are two issues remember with respect to his pension, your claim in respect of the divorce because he has, after all, contributed to the pension throughout your marriage and what he gets out of it when he retires. Those two issues are mutually exclusive because although there is usually a widows pension, some schemes now provide for a cohabiting partner’s pension.

You want a lump of money out of the pension into your own pursuant to the divorce and then what happens to the pension when he dies is not of concern to you.

. Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

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