IS MY WIFE ENTITLED TO ANY OF MY PENSION

[manutd2465]

My wife and I split up over a year ago and divorce proceedings are to begin soon, the reason for the split and subsequent divorce was that she was commiting adultery from the start of the marriage right untill the end with a host of different men.

I left the army in 2006 (after 10 years of marriage), and as i completed a full career I am in reciept of an MOD pension which after tax amounts to just under £600 per month.

We have 2 children together whom I pay CSA for (this is actually a private agreement), however I do pay slightly more than the CSA say I should pay.

My soon to be ex wife is now starting to state that she is entitled to half of my pension, which I find a bit worrying as she was the one who ended the marriage because of adultary and I also provide for my children.

Would be gratefull if anyone could clarify the situation for me please.

[ummmm]

I'm not sure. Someone hopefully will give you the correct answer.

Can I just ask though...how do you pay the maintenance? Is it through the CSA?

[New Judge]

Yes, she is entitled to a share of it (either as income or as a lump sum following its valuation) as it is considered to be part of your joint assets. The reason for the divorce is not relevant as there is no consideration of guilt or innocence when deciding how to split your assets.

[manutd2465]

No, I pay the CSA directly from my bank account to her bank account, the CSA calculator was used to try and work out how much I should pay, and as stated I do pay slightly more than what is required.

[LoftyLottie]

Your pension will be taken into account and your wife has probably been told this by her solicitor. I presume you have a solicitor. You need a good one. I am not sure of the percentage, but your wife will be looking towards half your joint assets and pension does counts I'm afraid. It doesn't seem to matter who ended the marriage. However, I am not a legal expert and there are some on this site.

[redman41]

Your Solicitor will be able to advise you regarding who gets what in any Divorce proceedings. I had a clean break regarding my own Divorce and that meant that I had no Claim and she had no Claim on Pension etc after the Divorce Absolute !

[manutd2465]

Would this remain the case then even though she is financially stable,running her own business and is in a relationship with another person now?

[LoftyLottie]

Phew, I was right.

I am not sure, but I don't think what you contribute towards the children is a different matter to what you pay her.

[Bobbisox]

very difficult one manutd..
when I divorced I signed away any rights to my ex's pension, this section showed in the Divorce papers?
I wanted a pain free Divorce and wasn't going to hassle over a pension, however , even though you say your soon to be ex wife, seems to be the catalyst in the Divorce, she may have a right to part of this pension until such times as she would remarry

[LoftyLottie]

Sorry I meant 'Is a different matter'.

[Bobbisox]

the 'other relationship' would have to end in marriage and for her to then change her surname, I would imagine it would only be if she were claiming any benefits which then her income would be taken into account

[manutd2465]

Thanks Bobbisox, as far as I am aware she is in reciept of childrens tax credits, as for the changing of her name she has reverted back to her maiden name, does this count. Also if I can get her to agree to not persue my pension or any claim on it would this be accepted in court?

[ummmm]

What other assets are there? A house?

[cathfromsaron]

if she paid into a scheme in the life of your marriage then this can be used as an asset too. but she can only receive the money from the pension for the pro rata time you were married. so work out the dates. if you will work for, say, 30 years but were only legally married for 3, then she can't have more than 1/10th of the benefit. its complex but i would get legal advice.

[manutd2465]

There are no other assets, she had all the furniture in the house (we were renting) and also the main family car.

[LoftyLottie]

Changing her name to anything makes no difference at all. If you have a legally binding agreement that she won't claim any of your pension then this will be acceptable in court. Have you got a solicitor yet?

[cathfromsaron]

also renegotiate child maintenance payments when your income changes. your may want to pay some in cash and some in kind, eg, days out and hols instead.

[LoftyLottie]

The assets that she already has will count in the settlement.

[Bobbisox]

No manutd, it would have to be by marriage I would think, meaning another man will be supporting her, the tax credits I am not at all familiar with but I would imagine they would be taken into account, but that would only mean if she was recieving money from your pension, she would get less from the DWP, as for you asking her not to go for your Army pension, I would leave that to your Solicitor as it wouldn't look favourable in court for yourself, Good Luck

[manutd2465]

No solicitor yet, guess I should start looking, was going to go round the road of the cheap diy divorce.

[Bobbisox]

too much involved here manutd, children, pensions?
if you are citing her as an adulterer and she doesn't contest it, she would have to bear the cost of the Divorce ? assuming you won of cause