How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34897
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Type Your Family Law Question Here...
Clare is online now

We separated in 2007 and split most things 50/50 although my

This answer was rated:

Hi. We separated in 2007 and split most things 50/50 although my ex only ever worked part time and I worked full time. I started a pension in 2001. Is she entitled to 50% of this or is she entitled to 50% of all of my pension?I have large debts which I am trying to pay off and worry that I won’t be able to support myself when I retire. I want to sort a divorce out now but don’t know how to go about it and don’t have the finances to hire solicitors. Please can you advise

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How long were you living together and are there any children involved?

Customer: replied 4 months ago.
Hi Clare,
We were living together for 21 years. We have no children

For clarity - what is the financial position of each of you now (the court looks at the position at the time of the hearing when making decisions)

Customer: replied 4 months ago.
I owe about £25,000 (credit cards) at the moment but am trying to pay off with loans etc. I am working every hour of overtime I can get. My ex, as far as I know, doesn’t have debt but not a lot of capital. We both rent. I am hoping we can sort this out amicably and without the expense of solicitors and court fees as neither of us can afford that.

Just for clarity - is this the only pension that you have?

Customer: replied 4 months ago.
This pension ended in 2011 when I left Biffa. I started a new pension when I Started with the company I’m with now and am still paying into it. I don’t understand finances at all and just want to get things sorted before I have to retire. I’m going to work on as long as physically possible to try and get myself debt free.

So you had a pension form 2007 to 2011 - did you have one prior to that?

Customer: replied 4 months ago.
as I said earlier, I started a pension with Biffa in April 2001

My apologies for the typing error - the only pension you had (before the one you pay now) ran from 2001 to 2011 - nothing before then.

What is the Cash Equivalent Transfer value of the Biffa pension?

Customer: replied 4 months ago.
This was my first pension and the transfer value is 134,000

Your ex has a claim on half of the pension that accrued during the marriage

Arguable that could include the new pension BUT you have a good chance of limiting to half of seven years worth (the years you were together) - which would be about 32% of the pension fund.

I hope that this is of assistance - please ask if you need further details

Customer: replied 4 months ago.
Thank you for your help Clare, I shall try to offer this figure and see if I could get this sorted through a mediator as I am told this is the cheapest way for me to sort it

It is indeed - I hope all goes well

Clare and other Family Law Specialists are ready to help you