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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12183
Experience:  30 years as a practising solicitor.
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I am a woman living in Scotland and am in receipt of

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Hello, I am a woman living in Scotland and am in receipt of a pension. My husband is currently working and not drawing a pension. If we divorce, can you tell me what the position is regarding both his and my pension: Can he take half my pension? Will I be able to claim half his pension when it is time for him to draw it? Will all other assets be split 50:50?thanks
I am a solicitor in Scotland. If you separate before he draws his pension then one half of the value of the pension and half of the marital assets will fall to be paid to you. As regards ***** ***** it will be the capital value at the date of separation, not half the income when he comes to draw it that is relevant on divorce. As your pension is now in payment there is a complex calculation may have to be done as regards ***** ***** to a share of your pension on divorce. You will have to see a specialist family law solicitor to work out the exact split but I have given you the general principals which I hope will help. Happy to discuss further. Please leave a positive rating so that I am credited for my time.
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