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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11431
Experience:  30 years as a practising solicitor.
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I am getting divorced from my wife, I can claim my fire servie

Resolved Question:

I am getting divorced from my wife, I can claim my fire servie pension at 50, my wife will be entitled to about half, with pension sharing can I delay her getting the money till she retires at 67, I live in Scotland
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You can't delay the pension share as that happens once divorce is granted. The share of the pension fund allocated to your wife is transferred to a scheme in her name until she is legible to receive it under that scheme.

Happy to discuss further.

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


o when she gets her share of lump sum, will that be put to her scheme and she will receive that sum on her retirement, she seems to think she gets the money when I receive mine this September, but she is only 43, so she will have to wait for the money till her retirement date, and not have the money before ?

Expert:  JGM replied 3 years ago.
If it is a pension share then she can't get any lump sum until her scheme allows it.

She may be talking about a claim on the lump sum that you get, however, as you are getting that presumably after your separation, that would not be treated as matrimonial property and she wouldn't be entitled to that in my opinion.

A pension share takes a share of your pension and pays it into a scheme in her name. That scheme then regulates when and how she receives the pension.
Customer: replied 3 years ago.


I was told she has a claim for the time we were together on my pension including my lump sum, i have paid it for 30 years, 20 of which we were married, so if ask for a it to be put into a pension share, she will receive her claim of that money when her pension is up?, I ask because she is desperate for money, and would like to offer a reduced sum to her on my retirement, but not the half her solicitor is asking for, thus leaving more of my pension figure to me

Expert:  JGM replied 3 years ago.
Your wife has a claim for a fair share of matrimonial property including the value of your pension which accrued during the course of the marriage.

It can be dealt with in one of the two ways you describe. Either a pension share, which she would not get until she eligible under whatever scheme the sure is paid into, or in cash, being a sum representing a share of the capital equivalent transfer value of the pension. Were the latter to be agreed you could negotiate a discount for cash and early payment.
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