pension

(13 Posts)
noonaa Thu 02-Jan-14 19:51:16

Should I continue to fight for my x hub pension been married eight years? Possibility getting 60% equity

PaulaFletch14 Thu 02-Jan-14 20:09:58

I'm personally going through this, but the other way round. I have had a pension since I was 24 before I got married at 28. I'm now 39. Now divorced and marriage ended two years ago. My ex hub is trying to get half my pension which I think is wrong. My company pension which I've paid each month for 15 years so why he should he be entitled to anything just because we were married. Sorry but I think in a divorce ex spouses should not be able to claim

Bertiebassett Thu 02-Jan-14 20:24:47

Hi OP. When it came down to splitting our assets I had access to more cash and EX had more pension...so we negotiated and I got 33% of my EXH's pension...but only because he wanted more 'cash up front' so he could put down a deposit on a house. I think it depends on circumstances as to whether you should pursue a proportion if his pension...have you had a fair deal regarding the rest if the marital assets? Your solicitor should be able to advise...

millymolls Fri 03-Jan-14 11:33:22

I think the morals and legals are different in cases like these. Whether you should continue to fight will depend on a whole host of factors such as your age (if you are early 30s e,g, then you still have considerable time to build up your own pension pot) , length of marriage (8 years does not seem a considerable time really), whether you have given up work to look after children and forgone large salary and or pension contributions (not mentioned in your post) etc. Clearly the arguments are stronger to claim if you had been married 30 years, were in your 60s and had never worked, then if you are 30, can work and not married long. Very often a higher % of equity is given now to offset future pensions.
What is your solicitor saying? Also what is the £ value you 'may' get vs the costs of continued fight?
Dont think anyone can say from your OP whether you should or not....

LauraBridges Wed 08-Jan-14 14:14:20

it is often the biggest asset a couple has so worth fighting for. However if it's only a small pension then not worth a fight. I think £100k pension buys you about £5k a year annuity so a pension is not really like a huge chunk of cash you can spend.

I agree with you morally - no one married should take out what they did not put in and yet all the time people do that on divorce as that is what the law says they may.

Sasquatch75 Wed 08-Jan-14 20:34:39

My solicitor said I could claim half of exh pension because I gave up work (his decision) to look after our children and therefore haven't been able to pay into a pension for myself.

Was your exh the stay at home parent Paula? Can't understand why he'd need to claim?

PaulaFletch14 Wed 15-Jan-14 13:00:50

Hi Sasquatch

We didn't have any kids, he never let me. Also his choice not to have his own pension.
When we separated he said he wouldn't claim as not fair as my own work pension. But now I've met someone else he's claiming to punish me. His words

clockwatching77 Sat 08-Feb-14 20:15:44

Interesting thread. I have been a sahm for 9 years. We have a toddler and we may be splitting. For the last nine years he has paid some £400pm into a pension. I haven't paid in a penny despise saying that I should.
I definitely feel entitled to some of this pension if or when we split.

babybarrister Tue 11-Feb-14 15:58:24

as far as the law is concerned it is all in the marital pot - court will put more weight on contributions made during the marriage but that is not to say that contributions made prior to marriage are irrelevant .....

jacques1972 Thu 13-Mar-14 17:45:47

Everything is put in the pot and divided - why shouldn't men start claiming against women's pensions? Women have been shafting men for years with 'cash cow' children.

yorkie84 Tue 01-Apr-14 06:46:31

So if we split after 14 years with 10 being a sahm I feel it woud be fair for me to have half of the pensions contributions during marriage. He pays
In 350 pm and I pay nothing despite arguing I need a stakeholder pension.

DrCoconut Thu 03-Apr-14 23:06:53

I have worked hard and paid into my pension. My DH has not paid much into a pension at all. Therefore I would fight it tooth and nail if we split and he tried to claim my pension. I wouldn't try to claim his either because it's not mine to take. When I split with my ex I didn't take a penny or an item that was not mine unlike him, why would I? I still don't, I have zero interest in claiming things and pursuing him for anything. We have our separate lives and that is enough of a blessing for me.

yorkie84 Fri 04-Apr-14 15:15:00

Surely though if you were a sahm looking after the children and your oh was paying vast amounts into a pension you should have some claim on a share of thr pension whilst married. I have often said that I need to start a pension. Yet I am told that I don't need one as he has one.
Now a split seems likely I am definitely going to be trying to get a fair settlement.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now