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. 

[barry1010]

So you divorced 10 years after you married? How were you seperated for 12 years if you divorced 10 years after your marriage? It doesn't make sense.

The courts take in to account only the year you married and the year you divorced, regardless of how long you were seperated 

[scorpiojo]

I think it's married in 2003, separated in 2013 and divorced in 2019.

[barry1010]

Thanks, Scorpio

They will calculate it based on the 16 years of marriage 

[Deskdiary]

^^^which doesn't seem fair.

[Peter Pedant]

this is quite good

https://www.mediateuk.co.uk/the-ultimate-guide-to-pensions-on-divorce/

you are looking at a 50.50 split

[Deskdiary]

I can't remember his name, but there was a chap a few years ago in the news who got divorced and post divorce set up a company (renewable energy from memory) and became rich, and his ex-wife went after him. And (again from memory) she got some money out of him AND he had to pay her legal costs.

 

Our divorce laws seem skewed in favour of the wife.

[THECORBYLOON]

https://maps.org.uk/en

"Get free guidance on your pension options. The Money and Pensions Service is an independent body offering impartial support on pension issues. It offers a free Pension and Divorce Guidance service over the telephone. It’ll run you through your choices, and what you need to think and ask about. It can also point you in the right direction for regulated financial advice. You can find out more and book an appointment on its website."

Get in touch with them and see what advice they can give you.

[renegadefm]

No we married in 2003, seperated in 2013, but officially devorced in 2016.

But when my ex seeked advice, apparently she can only claim on 9 1/2 years of the marriage. Dont ask me why, but obviously she has gone somewhere to find all this out without me.

 

Technically we were married for 13 years, so how can she only claim for 9 1/2 years? Not that I am complaining.

 

Im more interesed on the percentage shes entitled to within this marriage period? 

[barry1010]

Deskdiary, hard to believe but men and women are treated exactly the same in divorce settlements these days.  If the ex-wife has been the wealthier provider the ex-husband is entitled to the same as an ex-wife in the same circumstances. 

[barry1010]

It's usually a 50/50 split.

Did she have her own pension?

[Deskdiary]

^^^fine, but I cannot understand how, post divorce, somebody can back and try for a second bit of the apple.

[renegadefm]

No she has never had her own pension. Probably why she has no decided to have a portion of mine

[renegadefm]

Deskdiary, 

Me too, but apparently an ex wife or husband can claim things up until 10 years after a devorce

[THECORBYLOON]

"Our research shows that just 7% of people take professional financial advice when divorcing, instead turning to friends and family. 

That doesn’t lead to good results. Nearly 1 in 3 of the people we surveyed said, on reflection, their divorce had made them more likely to seek professional financial advice in the future."

https://www.legalandgeneral.com/retirement/pensions/guides/pensions-and-divorce/

You really need to get proper legal advice. If you need to pay for it, that might save you more money in the long run.

[Barmaid]

This is not so very straightforward and there are many factors that may be brought into play.

I would suggest you collate all your papers together (divorce orders, any financial remedy papers, your pension forecast and value etc, your current position) and then seek independent legal advice.  I would suggest you seek the advice of a direct access barrister who specialises in this area - they may give you 30 mins free (some do, some don't) but will give you a fixed fee for an advice - either in writing or in person.

It will be worth  spending say 500 - 1000 on advice rather than seeking figures off random people on the internet.  

If you cannot afford that I would suggest you contact these people and see if they can help Advocate: Finding free legal help from barristers (weareadvocate.org.uk). 

You need independent professional advice.

[THECORBYLOON]

"If you’re divorced and don’t have a legally binding financial settlement, there’s no time limit for making a claim on your ex’s finances. It’s best to agree one sooner rather than later, so you can both confidently plan your new lives."

 

[Barmaid]

I must type faster, TCL has made your position clear.

[Deskdiary]

"...there's no time limit for making a claim on your ex's finances..."

 

The law's the law, but that just doesn't seem right.

 

Take that to an absurd conclusion, a couple are married for one year, get divorced (but don't get their affairs in order) and 50 years later, never having seen each other in 50 years, have kids and then grandkids, and somebody comes after you. That's absurd.

 

I'm jaundiced because of my own experience, we were married for 4 years, (how bloody dare she come after my pension when we've moved on and I have my proper family), as it still cost me a couple of grand to bat her away.

 

Just seems wrong to me.

[renegadefm]

My problem is to get professional advice is going to cost me in the thousands, hence why I came on here. 

I think the establishments claiming to give advice are parasites because they make money out of others misfortunes. 

I'm still bitter and twisted because surely this sort of thing should have been thrashed out during a devorce, not years later. 

Plus a pension is a retirement thing that should not be allowed to be touched, certainly not prematurely anyway. Its not like a standard person's savings, a pension is quite complicated. 

[Barmaid]

I gave you two options, one potentially free and one potentially fixed fee.

//I think the establishments claiming to give advice are parasites because they make money out of others misfortunes. // I get that view point, but if you want good advice it is necessary to pay for it or at least look hard where to find it.  It is no different to a plumber charging you for fixing a leak or a garage charging you for fixing your car - both are making money "out of others misfortunes". 

Have you contacted the organisation I suggested, which may help for nothing?