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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11417
Experience:  30 years as a practising solicitor.
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My pension was a final salary pension until 3years ago when

Customer Question

My pension was a final salary pension until 3years ago when it changed to a contribution pension. My wife and I are separating and due to the pension changing can she claim monies prior to our marriage.

We stay in scotland
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

No she can't. Your lawyer will ask your pension provider to provide a cash equivalent transfer value of your pension and then your lawyer has to work out the value of the pension between the date of marriage and date of separation with reference to a formula laid down by legislation, called The Divorce etc. (Pensions) (Scotland) Regulations 2000.

The effect of the regulations is to produce a figure that represents the value of your pension from the date of marriage to the date of separation and to exclude the period before you married and after you separated. This is the figure that would fall to be shared fairly between the two of you having regard to the other assets and liabilities accrued during the marriage.

I hope this helps. Please leave a positive response so that I am credited for my time.
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Customer: replied 3 years ago.

I am earning more than my wife. Is my partner due spousal maintenace. We stay in scotland

Expert:  JGM replied 3 years ago.
Usually yes. It depends on your respective needs and resources and who is paying for what already.