Ex Wife Wants A % Of My Pension

[renegadefm]

My ex wife has discovered from somewhere or someone, that she can claim a percentage of my pension. 

 

Apparently she can only claim a certain percentage of the 10 years we we're married.

 

I'm not sure of the percentage, but I been told its not that much. 

 

We have been seperated now for over 12 years, and devorced about 5 years ago. 

 

The problem I have isn't so much cooperating and letting her have what shes entitled to, but my employer is always encouraging employees to increase their contributions so that we won't be forced into potential Pension poverty in later life. For example my parents are both in their 90's, so I wouldn't want to be struggling financially in later life.

 

My point is if my ex wife ends up claiming a percentage of something I am supposed to be relying on in my twilight years, then surely this will mean I could be in trouble in later life. 

 

My main questions are what percentage is she entitled to in the 10 years we were married?

 

2nd question, how can she claim it now before I am even allowed to touch it yet myself?

 

She is under the illusion she can start drawing on her percentage already, but as far as I know she can't have hers until I naturally retire and start drawing on it myself. 

 

Any advice will be appreciated, as me and pensions are like, well I am so confused. I just don't understand them. 

[ToraToraTora]

I thought after 12 years that she will have no claim. That was my understanding anyway.

[jourdain2]

I don't know enough of the detail to be able to answer you, sorry. I hope someone like Barmaid comes along to elucidate.

What I can say is that, after my 1st husband and I split up after 25+ years together, I needed part of his pension to make up for the years I was at home raising our children.  Not only that (I was a teacher) but when I went back to work I was on a 'Supply ' basis for years (too expensive to get a low-grade job) which for many years did not allow me to pay into Teacher's Pensions.  I still do not have a full Old Age Pension. I am, therefore very vulnerable.

I think your ex needs to grab every bit of pension due to her - as do you. The rest is too technical for me, sorry.

[maggiebee]

Like TTT I wouldn't have thought she had any claim after all this time. Could you speak to someone like the Citizens Advice Bureau or possibly your own solicitor. Feel you might need specialist advice with this one.

[ubasses]

Looks like there is no limit.

https://www.birkettandcosolicitors.co.uk/how-long-after-divorce-can-you-claim-pension/

[pastafreak]

Jourdain...pension credit?

[Maydup]

5 years probably isn't considered too long ago to make a claim, but the percentage will depend on various criteria such as length of time you were married, dependents etc.

The sun awarded can be either be a lump sum transferred to her pension fund, or a regular payment made in retirement. 
You need to take some advice. 

[jourdain2]

pasta - it's a thought, but it is all socomplicated.. I've fought my way through and so they woulld probably say ' you are managing'.  Always been earning about £1 per week above all thethresholds. :(

[Barmaid]

What were your financial arrangements on divorce?  Were these embodied in a Court Order?

[pastafreak]

Just apply Jourdain...you've nothing to lose.

[jourdain2]

Pasta - I suppose these days I haven't anything to lose.  We've always just got by.............but prices of things like car Ins. are now so High that surviving at the (moderate) level we would like to be able to do is not achievable.  I used to think that we were 'safe' - now I'm not so sure.

[Hymie]

This reminds me of a friend of mine who got back together with his ex-wife, only for her to break it off when she realised that he was only after his own money.

[Maydup]

For Jourdain - try this, it's easy to use

https://www.gov.uk/pension-credit-calculator

[barry1010]

Your ex-wife can make a claim on your pensions regardless of how long you have been separated or divorced.

She is entitled to only claim for the years you were married (separation doesn't count) only if you live in Scotland. If you don't she is entitled to claim on your entire pensions.

She is right in thinking she is entitled to take her share of your pension now - in a way.  She could claim an Offset Pension Settlement.  This is where you pay her the amount due in another way, in a lump sum from savings or by remortgaging your house.

Or she could ask for a Pension Settlement Order which means part of your pensions are paid in to her pension straightaway.

I take it she had no pension of her own during your marriage 

 

 

[renegadefm]

Just to answer a few of your questions. 

When we devorced my pension wasn't mentioned. 

Basically my pension is a work pension which I have been contributing into since I started working there in 1986, but my ex wife and I didn't marry until 2003.

So we were married for 10 years. And we officially devorced 5 years ago. 

 

Its only recently shes found out that she could claim on my pension. Personally I thought someone's pension was a sacred thing that isn't touchable. 

 

Shes apparently only allowed a small percentage of 10 years that we were married, but I'm concerned how much is a small percentage, and would it mean I would be struggling in later life, especially as my current partner doesn't have a pension, so we will be relying on my pension. 

 

Would it benefit me just to pay her share off, or is it not that easy? 

[barry1010]

Do you live in Scotland? If not she is allowed to claim on all your pension as I stated in  my last post

[renegadefm]

barry1010, 

Yeah sorry just read your message now. 

 

I find all this stuff incredibly confusing.

 

So basically how big is the percentage she is entitled to? 

[barry1010]

So you do live in Scotland? In that case, this might be helpful 

"Can I claim my spouse’s pension after a divorce?

You cannot claim your spouse’s pension after the divorce, regardless of whether you remarry. A divorce order in Scotland ends any financial ties between the couple except as ordered by the court. The order prevents either former spouse from raising a financial claim against the other later down the line."

https://www.andersonstrathern.co.uk/legal-expertise/family-law/divorce-and-pensions/#:~:text=You%20cannot%20claim%20your%20spouse';s,other%20later%20down%20the%20line.

I strongly advise you to speak to a solicitor if your ex-wife pursues the claim, wherever you live

[renegadefm]

barry1010, 

Sorry barry only just replied. 

No I live in the other end of the country in Cornwall. 

 

And just to confirm we were technically married for 9 1/2 years, so not quite 10 years.

My main question is what is the percentage of 9 1/2 years that my ex is entitled to?

 

I can't afford professional advice as all the people I tried to contact yesterday wants to see your money before they will help you. This for me is my main problem getting this off the ground. 

[Deskdiary]

I got divorced in 1998 (thankfully no kids) and I thought it was amicable - settlement was agreed, papers signed etc...I left the marital house and she bought me out at less than market value.

 

FF 15 years, I'm remarried, two kids, and she tries for a pension grab. Thankfully it was fought off.

[jno]

there are citizens advice bureaus in Cornwall, as maggiebee suggested; have you tried them?

https://citizensadvicecornwall.org.uk/get-advice/