what percentage of husbands pension would be fair in divorce

[rattylucy]

I was married for 13 years (no children) and worked part time until 4 yrs ago when i became to ill to work. I am now in the process of getting divorced and we are trying to work out the finances.

I am trying to be fair and not wanting to 'take him to the cleaners'. i'm only after a 50% share of what was built up during the marriage. The equity in the house is 135,000 and we've figured out my share is 35,000. We've been to see a mediator and have been trying to sort out his pension. He is due to retire in 4 years and the pension value is £161,300. £116,500 of this was built up during the marriage, the mediator suggested therefore my share of the pension would be £58,250. But because he is giving me a cash payment on the condition i leave his monthly pension alone then this sum would reduce as there is a guideline of a 25% rule? She's then took the 25% off my share leaving me with £14,500. Would this be right or should it be 25% off the total value built during the marriage.

[factor-fiction]

If you are worth half of the pension pot then you could reasonably expect half of teh 25% tax free lump sum (which has been offered) and 25% of his ongoing pension

[bednobs]

it's really difficult to say because each situation is different for each couple. However i would have a couple of points for you to consider.
1) did YOU build up any pension when you were working throughout your life? Is there a reason you only worked part time (illness perhaps/) If you have any pension yourself you need to take this into account before taking half of his
2) was this pension soley built up in the 13 years of marriage, or over his working life? If he worked for 40 years, and you were only married for 13, i personally think your starting point needs to be 1/2 of 13/40ths

[factor-fiction]

Hi bednobs- I think rattylucy has already factored in the fact that some of his pension pot was built in before marriage. However you are right abiut loking also at her pension pot created during marriage. And of course these things can't always be considered in isolation.