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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4708
Experience:  LLB (Hons)
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How much of a person's pension is their spouse entitled to,

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how much of a person's pension is their spouse entitled to
JA: What steps have they taken? Have they filed any papers in family court?
Customer: no
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do they live in?
Customer: I am ignorant about divorce settlements but have been told that my daughter's husband in entitled to some of the pension pot she has already paid into. they are separated at present
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Her husband has made no provision for himself for a pension and was relying on her pension in the future

Hi, I'm Lea and I have reviewed your query.

  1. How long were they married?
  2. Was the pension accrued during the marriage, before or a bit of both?
  3. Are there any other assets of the marriage?
  4. Are there any children?

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be he

Customer: replied 1 year ago.
1. 12 years 2. bit of both 3.yes property 4. two girls aged9 and 7

All the assets accrued during the marriage will become part of the marital pot - which includes the element of your daughter's pension that was accrued during the marriage. This does not necessarily mean that her husband will get a share of the pension, but it may mean that he gets a larger share of the other elements in the pot - though this will also depend on each party's needs, the needs of any children, the earning capacities of each party and a number of other factors under the law (see s25 of the Matrimonial Causes Act 1973 for full details).

Can I clarify anything for you?

Customer: replied 1 year ago.
Thank you. It is all very complicated, isn't it. It seems that you have to settle the division of assets legally which does'nt always seem to equate with justice or fairness Thank you again

Yes, it is definitely complicated and never as straightforward as most people hope it will be - there are many factors a court takes into consideration when deciding, and they will only decide when they have full disclosure from both parties on all the marital assets as well as debts.

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