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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34889
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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my Husband has served the british army for over 21 yrs,we are

Customer Question

my Husband has served the british army for over 21 yrs,we are about to go through a divorce he is now 55 and he served 21 yrs and we have been married for 28,but only 10 yrs with him in service,how much would i expect to get??
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
I will do my best to assist but need some further information first.
Is his pension already in payment and what other assets are there?
Customer: replied 4 years ago.

he was the rank of sgt when he came out,he is already getting his pension paid into his account and i think it went up at the age of 55,i hope this helps clare,we have been separated for 3 yrs



Expert:  Clare replied 4 years ago.
What other assets and debts are there?
Customer: replied 4 years ago.

I dont know about my ex's debts as we have been separated for 3 yrs,no assets only his dad has left him his House which will be split between 5 ppl,but just need to know what what his pension would be on 21 yrs of service left at the rank of seargt.

Customer: replied 4 years ago.

Clare,why is this taking sooo long??

Expert:  Clare replied 4 years ago.
My apologies for the delay (connection problems in out area apparently..mmm)
Despite the fact that his pension is now in payment you do still have a claim on half of ten yours worth - so very roughly 25% of his pension entitlement from the forces.
It may well be that he has also paid into other pensions as well on which you also have a claim.
How you chose to deal with your claim is a different issue altogether.
You may opt for a capital lump sum from him - or a pension sharing order - either is possible.
You have not said what happened to the matrimonial home but this would be another part of the considerations.
This is very much an overview of your position - if you need further detail (as well you may) please let me know which part you would like to have clarified!