We do not have any children, the house is worth approx 140k, i have lived in it for 16 years, she moved in 8 years ago and we then went on a joint mortgage(45k with 40k outstanding), what would she be entitled to? She is a civil servant and will have a decent pension when she retires in 25 years time, i retire in 12 years at 65. Am i entitled to part of her pension but would i have to wait until she retires before i get any of it?
2007-12-09 09:09:26 · 19 answers · asked by Steve C 2 in Family & Relationships ➔ Marriage & Divorce
Quit being a fool and asking questions on this site and get a lawyer to give your real sound legal advice...hurry.
2007-12-09 09:13:19 · answer #1 · answered by wrathofkahn03 5 · 3⤊ 0⤋
If you are in the UK, then both parties will need to apply for what is called a CETV (Cash Equivalent Transfer Value). These values are then included in each of your assets and then everything should be divided as per the court order. Many cases do not end up involving splitting pensions but instead you and your wife could agree to offset the pensions against other assets, eg if you wanted a larger share of the house, you could then give up your claim on her pension.
Remember to bear in mind that implementing a pension sharing or ear marking order will also involve an additional cost to either you or your wife (or both!).
My experience (working in the pensions industry) is that many solicitors do not understand pension sharing orders particularly in relation to occupational pension schemes, so involve your scheme early on and make sure you read all the information they send you. They should also be given a chance to review the court order before it is presented to the court so they can confirm if they are able to implement it.
Good luck
2007-12-12 02:58:01 · answer #2 · answered by PrincessCoffey 2 · 0⤊ 0⤋
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2016-04-08 04:09:23 · answer #3 · answered by Anonymous · 0⤊ 0⤋
There are no hard and fast rules as to how much each will get in a divorce settlement. You really do need to get a lawyer to advise you on protecting your portion of the joint assets. If you go for a clean break - as your lawyer will recommend as there are no children, then neither of you will have a claim on the others pension. However, your lawyer needs to ensure that this happens. You cannot leave it to chance.
2007-12-09 22:35:24 · answer #4 · answered by CountTheDays 6 · 0⤊ 0⤋
When you get an attorney you will discuss these options and how to split the equity fairly. Write down what your issues are before you see the attorney so you don't foget. I don't think you can get a part of the pension until she retires, but the attorney will know for sure or can check.
2007-12-10 05:31:54 · answer #5 · answered by Simmi 7 · 0⤊ 0⤋
get an attorney
big mistake getting a mortgage in both names
you should have made her buy into the house - pay you for half the value
do yourself a favor, get an attorney and make her pay the fees
she moved out, make believe you are ill and have to stay in the house... or buy her out
you are entitled to her pension they way she is entitled to your shiite
2007-12-09 09:48:36 · answer #6 · answered by Anonymous · 0⤊ 0⤋
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2007-12-09 10:00:35 · answer #7 · answered by Paula J 1 · 0⤊ 1⤋
Are you only worried about the financial side or do you want to save your marriage?
You do not say if you still love your wife.
If you only want the answers to the financial questions then as everyone says, go see a lawyer.
If, on the other hand, you want to try to save your marriage then your first stop should be to find a councellor. There are lots of things you can do to try to save your marriage even if your wife has already moved out.
It's really up to you to decide.
Kolinko
http://SaveMarriageSecrets.com
2007-12-11 02:15:40 · answer #8 · answered by Kolinko 1 · 0⤊ 0⤋
Talk to an atty for specifics...i always wonder about why $$ is the first thing people focus on....you are going to need more than that to get thru the divorce process. Hang on to your integrity and don't count your chickens just yet.
2007-12-09 09:14:02 · answer #9 · answered by that judi 6 · 0⤊ 0⤋
Be careful and hire an attorney or else you could end up getting half of her pension and her getting half of yours.
2007-12-09 10:01:30 · answer #10 · answered by Anonymous · 0⤊ 0⤋