Husband's Pension Plan

[ruthie59]

I'm not sure if anyone will be able to give me any advice or even if I am on the correct part of the forum, and apologies for the length of the post. Here goes:

My husband and I have been married for 37 years. We have moved several times as his career progressed and I brought up our children who have all left home (youngest is 29). About 8 years ago he began to have an affair which I thought would be over in a short time but is still ongoing. We still live in the same house as it has risen considerably in value. Divorce has never been discussed.

I have recently discovered that he has expressed the wish (saw the form on the dining room table; he's not very good at filing papers) that the other woman has 100% of one of the pension pots which he has accumulated over the years with the various companies with whom he has worked.

I am wondering what my legal position is as although I have worked on and off as we have moved to different parts of the country my pension is very small compared to his.

Is he allowed to gift the other woman this pension and what are my rights as although I haven't worked all the time we have been married, I believe that I am entitled to half of our assets including his pensions.

Apologies for the length of my post and please don't think that I am a money grabbing person as I merely wish to know my rights.

Many thanks.

Ruthie

[Inca]

Re: Husband's Pension Plan

I can't answer the question ruthie,,I'm sure someone can but what a crappy situation to find yourself in I do hope you are planning to go for the jugular,,the testicles and every other painful point ?)

[ruthie59]

Re: Husband's Pension Plan

Hi Inca and thank you for your quick response. You bet, I will take him for every penny and as for all his bits.......watch this space! Nothing would give me greater pleasure.

[Streetwise]

Re: Husband's Pension Plan

Ruthie if you go to the section on the Forum ( Bereavement and end of life issues ) I am sure there is a thread there that talks about a situation like your own,I know that when my partner died I did not get her pension as we were not married, but the pension department told me that they would search for her X husband who she was not divorced from to pay her pension to him ,even though she had tried to locate him to divorce him before we ever met .regards Streetwise.

[Inca]

Re: Husband's Pension Plan

Hi Inca and thank you for your quick response. You bet, I will take him for every penny and as for all his bits.......watch this space! Nothing would give me greater pleasure.

Just remember,,you'll catch more flies with honey than with vinegar...:tinysmile_grin_t:

[Eloise01]

Re: Husband's Pension Plan

The shortest answer is that there isn't a straightforward answer. Pension assignments are generally considered as "expressed wishes" - the pension provider will attempt to carry out your wishes, all other things being equal. What that means is that they will do as you ask unless a court stops them, which would mean you taking steps to stop this and arguing it in court after his death. The simplest way to deal with this, assuming you are now looking at less drastic steps than cutting off his balls (although please feel free to do that too if you wish) would be to ensure that your solicitor has full details of all his assets including pensions, because those are part of the assets to be divided between the parties. In other words, get your legal ducks lined up now and not later. If he then wants to leave her part of what is left to him afterwards, then that is his business.

[Inca]

Re: Husband's Pension Plan

The shortest answer is that there isn't a straightforward answer. Pension assignments are generally considered as "expressed wishes" - the pension provider will attempt to carry out your wishes, all other things being equal. What that means is that they will do as you ask unless a court stops them, which would mean you taking steps to stop this and arguing it in court after his death. The simplest way to deal with this, assuming you are now looking at less drastic steps than cutting off his balls (although please feel free to do that too if you wish) would be to ensure that your solicitor has full details of all his assets including pensions, because those are part of the assets to be divided between the parties. In other words, get your legal ducks lined up now and not later. If he then wants to leave her part of what is left to him afterwards, then that is his business.

^^^^^^^^That's exactly what I meant,,just got distracted by ball-ectomy

[Sapphire]

Re: Husband's Pension Plan

I'd get the solicitor sorted first, make sure everything is in my name then go for him and the strumpet too, I'd be nice to her, then thank her for taking the total waste of space off your hands.
Nothing hurts them more than realising there is sod all left in the pot.

[Jordibird]

Re: Husband's Pension Plan

Hi,
If you were contemplating divorce and financial proceedings any pension accrued by your husband up to the point of the divorce would form part of the matrimonial assets along with property, savings etc. The financial proceedings are to determine a fair and equal division of those assets. Since December 2000 an option to apply for a pension sharing order has been available. The principles of pension sharing are to provide a retirement income for a spouse who on divorce loses the future benefit they would have provided had the marriage continued. Pension sharing is part of the clean break principles which means any portion of your husbands pension awarded to you, is yours alone and there is no reliance at all on the ex spouse. You become a pension scheme member in your own right. Obviously pension assets can also be used as a bargaining tool via offsetting of the assets I.e you get the property and he keeps the pension etc. Another thing to bare in mind is the additional state pension can also be taken into account for pension sharing purposes along side any occupational pension, this will change in 2016 though when the new single tier state pension commences so applications for pension sharing orders in relation to the state scheme should be done prior to then.

I have been heavily involved (15 years) with pension sharing in respect of the state scheme rights and know non state scheme rites are so complex so would advise you to legal advice from a family law solicitor so that you know the options available to you.

Good Luck and stay strong I wish you all the best :thumb:

[ruthie59]

Re: Husband's Pension Plan

Jordibird, thank you for your post. After much hesitancy, I did in fact go to see a solicitor earlier this week. My concern was, that as I am not allowed access to cash because I maxed out on his credit cards to pay him back for the affair (which was stupid I know), how I would be able to fund the legal side. My solicitor has advised me that I am entitled to legal aid due to his mental abuse of me over the past three years which has been witnessed.I have opened a new bank account and my doctor has signed the appropriate forms for me.

Thank you all for your support. It really means a lot to me.

Ruthie x

[Jordibird]

Re: Husband's Pension Plan

Hi Ruthie,
There's nothing stupid in what you did believe me I would of done exactly the same, if not worse, it's human nature after all and you have shown unbelievable restraint and courage through out this. I do not know what you have had to put up with in the past, but reading your first post gives the insight as to the abuse i.e. leaving his pension forms with the details of his new arrangement. That is cruel and deliberate and believe me I have been there and got the t-shirt. As your solicitor has said you'll get legal aid so no worries there, get what is rightfully yours and that includes the pensions. You kept his home and everything and during that time could not accrue a pension of your own hence the principles of pension sharing to compensate for what you gave up.

Good luck Ruthie, if you need any advice regarding the process of obtaining a pension sharing order in respect of his additional state pension then PM me and I can give you and your solicitor all the advice and contacts you need.

All the Best
Jordi xx