What's she entitled to?

Discussion in 'The Quarterdeck' started by frogman007, Aug 4, 2013.

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  1. Divorce. Does she get half my pension until she remarries? Is that an old pussers myth or is there some truth in it?

    Before those with a degree in the obvious mention get professional advice, I'm just dipping my toes in the water before my return to the UK. Sure there are plenty of divorcees on here.
     
  2. A widows pension stops if the wife remarries, or co-habits, but on divorce I would assume thats down to the financial settlement, but I don't actually know.
     

  3. Got ya. Knew there was something along those lines. Cheers.
     
  4. tiddlyoggy

    tiddlyoggy War Hero Book Reviewer

    Ask around your oppos who have the T shirt mate. I have some mates who have kept all their pension rights, there are some very good solicitors around.
     
  5. I thought the standard answer was she was due 50% of however many 22nds (or more if you did longer) you were together. Although as stated some people seem to get around this.
     
  6. A mate got round it by getting his ex to agree to sign away her rights. She didn't want her family to know what she'd been up to so kept him quiet by agreeing to leave his pensh alone.

    As he put it, in a divorce you have to brutal and protect your own interests, but that will have many variables depending on the circumstances of the divorce.
     
  7. An oppo of mine did 34 years, he got divorced in his final year and she was going after his pension on the advice of her solicitor. His solicitor advises him to sign over his half of the house to get round this. She started off being amicable about it all until the legal team started filling her head full of figures.
    Good luck hope it works out for you.


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  8. What pension rights has she got? Bargain or counterclaim.
     
  9. Good answers. She can whistle for the holiday home and the Audi
     
  10. It is all about an equitable split of assets. It may be that you can negotiate that she will have the equity in the house and leave your pension alone BUT what you must be sure of is that you get a Clean Break Order so she cannot come back later!

    One law firm has taken the trouble to ask for a briefing from FPS on Armed Forces pensions as AFPS 75, in particular, is very different from most other pension schemes they encounter. Their divorce specialist is Susan Baker and the website is Reading solicitors, corporate, property and family advice, Field Seymour Parkes BUT other law firms are available.
     
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  11. Frogman

    Chris Upfield at Coffin Mew is widely regarded as one of the foremost experts in this field and I've recommended him several times:

    Coffin Mew - Pension Sharing on Divorce - The treatment of AFP05 | Armed Forces | Military Law | Coffin Mew

    The Law Society website has a Find A Solicitor page, which will show you all of the Solicitors in your area but it's well worth choosing someone who has specialist AFPS/Divorce knowledge.

    Find a solicitor - The Law Society
     
    Last edited: Aug 5, 2013
    • Like Like x 1
  12. Ahh! Good Old "Coffin Mew" ... That might explain in '88 why I came out of my divorce with all my pension intact plus a 1/3rd of the house and the kids got anther 1/3rd which I got to control as I had custody of the kids as well - which wasn't bad going for a seagoing sailor!

    Can't recommend them highly enough as they were certainly on the ball and handled everything!
     
  13. I am not an expert but did read about this a while ago.

    The point above is correct she has no right to any of your pension and you may well want to offer something else instead.

    The main point I noted though that I don't think has been mentioned so far is that once a pension is split it can never be put back together again. If you split it 50/50 and one of you dies early that 50% dies too. There certainly isn't an 'until she remarries' option - it is for life.
     

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