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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Can my ex wife claim half my medical pension, i have been

Customer Question

can my ex wife claim half my medical pension , i have been medically retired for 9 years
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
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Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you divorced, if so when?

-Was there a financial settlement as part of the divorce, if so what were the terms?

-Has she remarried?

Customer: replied 1 year ago.
we have been seperated for 4 months the house has been sold due for completion next friday i have also employed a independant solicitor to deal with it so funds can be released( as of next friday i am homeless) i offered her a 50/50 split on the house sale but she went ahead and filed for divorce but she has been told she cannot use my new girlfriends address as i do not live with her
Expert:  Harris replied 1 year ago.

Thanks for confirming. Given that you are still married, either of you will be able to pursue a financial relief claim against the other arising out of the marriage which can take into account all assets and income - including the pension. Whether there are grounds for her to pursue a claim to this or not depends on various factors and I will need further information to confirm her prospects including:

-How old are you both?
-How long have you been married?
-Do you have any children together, if so their ages and proposed arrangements?
-What are the values of assets and pensions do you both have (both sole and joint).
-What are your respective incomes?
-What is the equity from the property that has been sold?

Customer: replied 1 year ago.
i am 49 and she is 47 i only have pension for income (9000k per ann) she has never worked the kids are adults now ie daughter 27 and lives in assisted home son is 25 and works full time ....... we have been married for 28 years ........... the house equity is around 120k