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Hi thank you for your message, as you have indicated the starting position of the court would be that any matrimonial assets would be split 50/50. Matrimonial assets are financial assets that you and/or your spouse acquire during the course of your marriage. This differs to non-matrimonial assets, which are financial assets acquired either before or after your marriage. However, matrimonial assets typically include things such as the family home, pensions and savings. It doesn’t really matter who put the money forward or who accumulated the wealth. When you’re married, the law in England and Wales considers that any assets you acquire also belong to your husband or wife. The court can deviate from the 50/50 split however, where the court considers this is needed to create a fair distribution between the parties. Thus, in your case, it is likely that the court will determine that you retain a greater share of your pension than 50% on the basis that your husband can continue to contribute to his, they might even decide that rather than granting you a share of his and vice versa, you will both keep your respective pensions because whilst yours is currently valued higher he is contributing to his so it will gain in value before he retires. In relation to your husband's income the courts will generally only award maintenance where a spouse would suffer a substantial and serious fall in living standards were there not to be a maintenance award, from the sounds of your circumstances this seems unlikely in this case if you were to retain the entirety of your pension. I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be the option to do this in the top right of your screen) and Just Answer will credit me for helping you today.
Hi thank you for your message, in relation to the incomes, the court would not expect you to go back to work so they may therefore award you a greater share of the cash to reflect this. In relation to the pensions. In terms of the pensions, this is ultimately a matter of discretion for the court but the case law has indicated that the Duxbury calculation is merely a starting point or guide to one component of an overall award and the other factors I have discussed above also come into play. I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this) and Just Answer will credit me for helping you today.
Hi thank you for your message, if he chooses to retire early then he takes the consequences of that. As a consequence the court would likely equalise the pension to 65 as a result.