When a husband and wife get divorced, they can make financial claims against one another, including claims against pensions. Whether your wife would be successful in bringing a claim against your pension depends on your individual and personal circumstances.
A number of factors will determine if a court would award your wife a share of your pension , such as your ages , the length of time that you have lived together as man and wife , whether you have children together , the extent of your other assets and property , and both of your needs .
The court has the power to make a pension sharing order so that your pension is shared with your wife. However, the pension share does not have to be 50%. It all depends on the range of factors. Another option is for the court to offset the value of your pension by giving your wife a greater share of the non-pension assets and leaving you with your pension intact.
Divorces involving pensions can be complicated as it is vital that the pension is properly valued and proper consideration is given if the pension was accrued prior to your marriage.
You do need family law advice on financial settlement and pension sharing and offsetting. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. Please call us.
Jordana Adams, Family Solicitor