Pension entitlement?

vpetite | 22:01 Sun 23rd Aug 2009 | Law

2 Answers

My husband and I are divorcing after 3 yrs separation he was a firefighter for 31yrs and retired 2 yrs ago. My question concerns his pension ...... I believe I am entitled to a 50% share (married for 25yrs, together 30yrs). If he has received a commutation payment am I also entitled to a share of this or just 50% of his monthly payments? I have no pension of my own.
I would be very grateful for any advice as am feeling somewhat bewildered at the moment, thank you.

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barry1010

You are not entitled to half of anything. If you can't agree between you the court takes all assets, including home, pension and savings, into account and tries to divide fairly.
For example, you could keep all equity in the family home and accept a lump sum and he could keep his pension.
There is not a single, straightforward answer.
http://www.pensionsadvisoryservice.org.uk/Pens ion_Rights/Divorce/

vpetite

Question Author

thank you for your reply. I am wondering if his commutation payment would be taken into account when valuing the pension, as he has already received this.
I am thinking of having the pension valued I believe it is the same value as the family home which I would like to keep. Thus allowing my husband to retain his pension.

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