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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 17226
Experience:  30 years as a practising solicitor.
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I am currently going through a divorce. I had to take ill

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I am currently going through a divorce. I had to take ill health retirement so my pension is my only source of income. My husbands lawyer has demanded I get a PETV from the SPPA. They have given me a gross figure but this does not take into account the period of marriage as there is a time before we got married if 7+years and also time after the separation.
Assistant: Have you talked to a financial professional about this?
Customer: they suggest I get an actuary to calculate it but I’ve been told I might be better with a financial consultant.
Assistant: Anything else you want the Accountant to know before I connect you?
Customer: i don’t think so. My case is quite conplicated

Good morning. I will assist with your question - be aware this is an email not chat service therefore maybe delayed in replying.

how long in total were you together including married?

is there a property to be included in the financial settlement?

does your husband also have a pension?

what is your preferred outcome?

Customer: replied 2 years ago.
Just on 25 years married.
Yes there’s a property but I paid it off with my pension lump sum
Yes he has a pension
My preferred outcome is to keep my pension as it’s my only source of income and to keep the house as I have my daughter still at home (she’s 20 but at college)

The CETV is just an overall value from the pension company. Your STBX may have a claim on only part of that. That is something to argue with his solicitor.

You can give me the value of all your assets and incomes I can give you an indication of what each of you could reasonably expect

Customer: replied 2 years ago.
I will get back to you with them but I’m currently away at a family wedding. Just so you are aware I live in Scotland so it’s Scottish law that applies

No problem. I am online and off-line over the weekend myself so I may be delayed getting back to you.

Scottish law is very often different although in respect of the division of marital proceeds, it’s more of a mathematical issue than a legal one. The financial result is going to be the same.

I am based in England but if you would prefer a Scottish lawyer, I’m happy to transfer it. Please let me know. Kind regards.

Customer: replied 2 years ago.
I do have a Scottish Lawyer - it is more help with my pension calculation I was looking for
I have been given a gross amount that covers from the day I started until the day I asked for it so there is a period before and after the marriage and separation.

The starting point for the division of any marital finances is 50-50. That is then adjusted up or down, one way or the other in favour of one or the other depending on a whole variety of factors such as the financial wherewithal of the parties at outset and what they put into the marriage at outset and during the course, the financial wherewithal at the time they break up, what assets, including pensions, there are in the marriage, what income there is and what the needs are of each party after the breakup.

Just because something was accumulated before the marriage doesn’t necessarily mean it is exempt from a claim on breakup. A lot depends on what other assets there are.

If you can give me an indication of what other assets, I can give you an opinion.

You cannot look at the pension in isolation, it has to be looked at with everything else and the advice that you have been given about an actuarial calculation, is in my opinion incorrect. It would be correct if there was only a claim being made in respect of the pension from the date you were married.

Customer: replied 2 years ago.
I was told in Scottish Law he is only entitled to an asset accumulated from the date of marriage to the date of separation.
His pension forecast CETV as he is still working is 123k
My PETV is 378k (gross)
House value -120k
Savings - me 29k
Him - 2K
Liabilities - me 2K him 0I paid all the household bills and mortgage. His contribution was only £120 per week to feed a family of four and a large dog. He pleaded poverty and said couldn’t provide more finances. I have since seen he was frittering or squirrelling £100 per week.
I am unable to work as I am physically disabled and have had multiple ongoing operations for breast cancer.
Customer: replied 2 years ago.
It was my pension provider the SPPA who advise the actuary as the pension amount is gross and does not take into account before the marriage and the period after the separation which it should in Scots Law

I feel this is outside my sphere of expertise and I am therefore going to opt out for another expert to consider.

The thread is now open to all experts.

Please do not reply as a matter of course or courtesy, as it means that the question thread comes back into my inbox.

An expert with the necessary expertise will reply when they are online.

Kind regards

Thanks for your question. I am a solicitor in Scotland. You can go online and look at regulation 4 of the Divorce etc. (Pension) (Scotland) Regulations 2000. Pensions are apportioned according to how long the pension has been going applied to the length of the marriage and the date of separation and a formula is provided. Does that help to answer your question? I hope that helps. Please leave a positive rating so that JustAnswer credits me for helping you today.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 17226
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you