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brettking24
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Joined: 12 May 2004
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PostPosted: 20:43 - 25 Jul 2006    Post subject: pension>?,divorce? Reply with quote

Hi im currently going through a divorce with my wife and just wanted to know if she would be entitled to some of my work pension?if so whats the point of me having one?

cheers

brett
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Itchy
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Joined: 07 Apr 2005
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PostPosted: 21:14 - 25 Jul 2006    Post subject: Reply with quote

Depends how messy it is and how badly it broke up, if she wants to take you to the cleaners she probably can and then its a skip and some petrol burn everything time!.


But more seriously

Pensions act 1995 lets courts say she can have a % share WHEN you start to take your pension , which means you can be spiteful and die before you take your pension or never retire.

unless the court decides to use the welfare act o 99 which means she can split off a chunk of your pension value and say if you pension is worth 100K , 50K might go to here 50K to you , any contributions after the split go ONLY towards your own pension. (hence paying in is still worth it). Remembering of course that if you want a pension of 25K you need a pension fund of 500K.This is better cus she can take her pension when she retires and your future contributions count only towards YOUR pension. (ask for it it'll pay off!)

Marraige does not mean 50% of everything though recently divorce courts have been verra pro exwife such that IF SHE cheats on you , she is still entitled to butcher your assets even though it was no fault of your own and even more bullshit like expectation or growing accustomed to such a life style (say ray palour).

A Hitman is always an option , so is death by motor vehicle which carries a v low sentence/fine/points.
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lozzypop1
Certified MILF!



Joined: 04 Jan 2006
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PostPosted: 21:19 - 25 Jul 2006    Post subject: Reply with quote

Remember also that getting a divorce also invalidates any will you have previously made so You'll need to sort yourself out with an updated one!
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hellkat
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PostPosted: 21:50 - 25 Jul 2006    Post subject: Reply with quote

If she is granted a percentage of your pension, they are unlikely to take it direct FROM your pension savings.

What they are more likely to do is that - if you are selling joint assets like property - she would get a higher amount than you from the sale of the property, which would take into account the percentage of your pension that she may be awarded.

And they will only take into account pension money which was put aside DURING THE TIME YOU WERE MARRIED. So if you had the pension before you were married, they are only entitled to calculate how much has been contributed into it whilst you were married to her, and not before (or, obviously, after).
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brettking24
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Joined: 12 May 2004
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PostPosted: 22:25 - 25 Jul 2006    Post subject: cheers Reply with quote

I started the pension while we was married,we have been married for 3 years.

is it worth me stopping my pension then?
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Sparks!
Sir Tart-a-lot



Joined: 30 Aug 2003
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PostPosted: 22:31 - 25 Jul 2006    Post subject: Reply with quote

sign everything you have over to your mum then she wont have anything to take lol Laughing
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zaknafien




Joined: 25 Mar 2002
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PostPosted: 23:30 - 25 Jul 2006    Post subject: Reply with quote

See kiddies, this is why marriage is a bad idea.
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Cannon
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Joined: 04 Jun 2006
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PostPosted: 07:56 - 26 Jul 2006    Post subject: Reply with quote

If you have only had the pension for 3 years or so, the amount of value of the pension will not be enough to be worried about mate unless of course you were paying about £1000 a month into it. I am going through the same situation at the moment and although I had to produce the details and value of my pension to my solicitors, they told me that for the amount involved it was not worth worrying about and I have had mine for 8 years.
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nrml76
Brolly Dolly



Joined: 05 Nov 2005
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PostPosted: 12:26 - 26 Jul 2006    Post subject: Reply with quote

Sparks! wrote:
sign everything you have over to your mum then she wont have anything to take lol Laughing


I'll second that.
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NickD
World Chat Champion



Joined: 20 Aug 2004
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PostPosted: 18:40 - 26 Jul 2006    Post subject: Reply with quote

A colleague of mine is looking at losing a %age of his pension in a divorce settlement. However, his solicitor tells him the if she even co-habits, let alone marries, she won't be entitled to anything when he retires.
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Itchy
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PostPosted: 20:27 - 26 Jul 2006    Post subject: Reply with quote

absolutely , this confuses the choice though,

go with the 1995 act you lose a % of future pension rights, but she gets with another bloke = you get it back

go with the 1999 welfare act and you lose a chunk of your pension fund and don't get it back,

ie if she is a looker and will be in great demand ie a village bicycle go with the 1995 act , if she is ugly fat and annoying go with option 2.

since its considered that shes no longer somebody demanding expectations or something from you,
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Mrs Kickstart
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Joined: 06 Apr 2004
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PostPosted: 20:38 - 26 Jul 2006    Post subject: Reply with quote

Hi,

As the vaulue is liklyh to be small I would offer a settlement to make sure in the future it is yours. The last thing anyone needs it ex chasing them for 40+ years

Regards
Charlotte
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Last edited by Mrs Kickstart on 20:43 - 26 Jul 2006; edited 1 time in total
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Itchy
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PostPosted: 21:47 - 26 Jul 2006    Post subject: Reply with quote

Thing is pensions are worthless anyway , as they are almost exclusively built on Pyramid schemes,

with the increase in means testing and the SSP made useless (but with the tax still taken), not saving = a better pension than saving at all.


Theres a tipping point I read somewhere I think it was anybody earning <35K and putting in their max contributions possible will be worse off, while those earning 35k+ are only marginally better off, (due to means testing and higher rate pensions tax relief)

while those under 35K being worse off and those under 20K better if they had flushed the money down the bog.
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 22:03 - 26 Jul 2006    Post subject: Reply with quote

Itchy wrote:
Theres a tipping point I read somewhere I think it was anybody earning <35K and putting in their max contributions possible will be worse off, while those earning 35k+ are only marginally better off, (due to means testing and higher rate pensions tax relief).


Yes, but that only has been true for the last few years, and there are a good few decades until most of us retire during which plenty can change (state pension might be a dose of cyanide).

All the best

Keith
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Itchy
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PostPosted: 22:56 - 29 Jul 2006    Post subject: Reply with quote

The problem is Kick is that the government doesn't have any good ideas , they either make a good idea and withdraw it , or replace one pyramid scheme with another,

Post 97 NL introduced 2SP the second state pension , this sort of no longer exists due to some changes at the start of the year , however the contributions to it are still taken from payrolls and its alledged to be very difficult to get out of.
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Kickstart
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PostPosted: 00:38 - 30 Jul 2006    Post subject: Reply with quote

Itchy wrote:
The problem is Kick is that the government doesn't have any good ideas , they either make a good idea and withdraw it , or replace one pyramid scheme with another,


Very true. Suspect the only real solution (and, tbh, I cannot argue against it) is to raise the retirement age.

All the best

Keith
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