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income after separation

(32 Posts)
annep Sun 03-Jun-18 23:33:29

Grannyben his state pension is his. His employment or any other private pension is half his wife's. Thuberon please either go to Citizens Advice Bureau or a solicitor for advice. Do not agree anything without independent advice. My daughter has been coping with same thing recently.( CAB are very good. and free.)

maryeliza54 Sun 03-Jun-18 23:25:41

Also you say ‘our legal adviser’ - as amicable as you hope this might be, you each need your own solicitor and own legal adviser - but the latter first I would imagine

Grannyben Sun 03-Jun-18 22:15:21

Before I start, can I just say that I have absolutely no legal knowledge apart from the bits I picked up during my own divorce proceedings.

As has previously been said, all assets will be added up and divided equally. However, will his monthly income from the private pensions not be classed as exactly that, his future income, and, if so are you entitled to any of it? For example, when I got divorced, I got half my husband's pension pot but, once we were divorced, I wasn't entitled to any of his future income. I do know that the courts prefer a clean break and try to get away from spousal maintenance whenever possible.

Presumably, if your husband is retired, you have had the benefit of the lump sum and monthly payments. Obviously you will get half of anything left of the lump sum but, once you are no longer married, surely you won't be entitled to money from his monthly pension as that will be his income.

Be careful you're not shooting yourself in the foot. It could be your husband is offering you something your not actually entitled to.

BlueBelle Sun 03-Jun-18 20:19:32

Good luck thuberon I m sorry I can’t help at all mine left and all I got was his debts ( but I don’t care because the kids stayed with me and we started again from scratch) I would think your financial advisor is the person to listen to as they will know all the financial details which we don’t
I just wanted to pop in and let you know you d been heard I’m sure some other grans will have ideas for you x

mcem Sun 03-Jun-18 20:15:13

My experience was that all assets acquired throughout the marriage are taken into account and his pension pot would be one of those assets.
The house, cars, house contents, income, savings and investments etc are all totted up and divided equally.
Debts are set against that total and the remaining pot is divided.
If you gave up paid employment to bring up children, that may have an effect too.
Trust a good solicitor and don't make assumptions!
Good luck! Look forward to an independent future and let us know how it goes.

Squiffy Sun 03-Jun-18 20:11:34

I think you may be able to receive a larger share of the split in lieu of regular payments from your H’s pension. There’s a way of calculating it, or there was when I went through it. Good luck!

thuberon Sun 03-Jun-18 19:45:36

Sadly, after 30+ years my husband and I have decided to go our separate ways. We are in the early stages of discussion but for the moment things are fairly amicable and we agree that we split everything down the middle. However, it seems that this might mean different things to each of us. We agree that the proceeds from the sale of the house will be split. However my husband's income from private pensions is considerably larger than mine and it seems he envisages paying me a monthly sum to make up my income. I had hoped for a clean split and do not want to be reliant on him to make up my income from month to month. We are due to meet with our financial advisor on Wednesday to inform him of our decision to part. I am rather nervous about the whole thing. I feel out of my depth. I don't know how these things are done and if my expectation is unrealistic. I wonder if some of you well informed, experienced and helpful gransnetters has any advice for me.