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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12198
Experience:  30 years as a practising solicitor.
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Been separated from my wife up to17months I received

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been separated from my wife for coming up to17months I received a letter from her she would like to divide the assets which the main amounts lie in pensions also I do not work due to injury I do receive income from my Income replacement policy this is only income I have, She has stated in the letter she want a share of the income .My works full and has a good salary which I receive nothing from
Thank you for your question.
All matrimonial assets owned by either of you would fall to be apportioned between the two of you or divided equally or shared as at the separation date. Joint assets would be divided as at the date of the agreement you enter into.
As far as your income replacement policy is concerned she isn't entitled to a share of this unless she is due maintenance from you. If she has the higher income it's perhaps unlikely that she is entitled to anything more from you. Your expenditures would have to be looked at as well. It may be that you are entitled to maintenance from her if you are worse off.
These are the general principals. I'm happy to discuss any points arising.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
Am I responsible for any investment decision for the drop in size of my sipp pension which was caught up in the banking crisis
No, not from a matrimonial perspective. The law doesn't say that your wife should get a greater share just because you made a particular decision which didn't work out. Your wife would have to prove that your conduct adversely affected the financial resources. See section 11(7) of the Family Law (Scotland) Act 1985. However that section is more directed at gambling or drinking the assets away, not a bona fide decision, in connection with investment.
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