Pension advice for a couple splitting up
Discussion
Many years ago if a couple split up the woman could lose out due to the man who might have been the bread winner taking 'his' pension and not giving his ex wife any of it. Yes they shared everything but some men being greedy selfish b
ds didn't want to share 'their' pension with the now ex wife. Unfortunately in my friends case the husband seems to have the upper hand, so i'd like to ask for your opinions on this particular problem.
A couple have been married for 30+ years and are now in their 50s, they split up he stays in the matrimonial home and buys her out, she moves into a smaller house taking the teenage son with her(thats what he wanted). They both have good jobs earning about 30k but she has a nervous breakdown and applys for early retirement, she finds it impossible to carry on working due to her new circumstances.
The company pension is a years money as a lump sum and one third as a yearly income. The problem is he has got wind of this, they are still officially man and wife by the way,and has hinted that he want half of her (early)pension.
He is still working and earning his 30k, she has dropped to 10k from 30k and he still want his pound of flesh. This is obviously not helping her mental state and I'm not too sure as to what advice to give her.
What should she do? I've said tell him to throw his pension on the table and then maybe they can talk about a divvy up.
ds didn't want to share 'their' pension with the now ex wife. Unfortunately in my friends case the husband seems to have the upper hand, so i'd like to ask for your opinions on this particular problem.A couple have been married for 30+ years and are now in their 50s, they split up he stays in the matrimonial home and buys her out, she moves into a smaller house taking the teenage son with her(thats what he wanted). They both have good jobs earning about 30k but she has a nervous breakdown and applys for early retirement, she finds it impossible to carry on working due to her new circumstances.
The company pension is a years money as a lump sum and one third as a yearly income. The problem is he has got wind of this, they are still officially man and wife by the way,and has hinted that he want half of her (early)pension.
He is still working and earning his 30k, she has dropped to 10k from 30k and he still want his pound of flesh. This is obviously not helping her mental state and I'm not too sure as to what advice to give her.
What should she do? I've said tell him to throw his pension on the table and then maybe they can talk about a divvy up.
Pretty much everything is up for grabs, by my understanding (including a proportion of the value of his pension up to the point of divorce), but it will take a lot of calculating and legal wrangling to sort it out. If she has the child she'd also probably get the lion's share of the collective 'pot', depending on the son's age. And it's probably all different if you don't actually divorce.
Best advice you can give: speak to a solicitor.
The fact she had a nervous breakdown and is now earning less shouldn't really affect the entitlement in a moral sense.
Best advice you can give: speak to a solicitor.
The fact she had a nervous breakdown and is now earning less shouldn't really affect the entitlement in a moral sense.
To clarify, IANAL but yes I believe he is entitled to half her pension, just as she is entitled to half his (or what it currently is). This is perfectly reasonable. To be honest if I were him I'd be doing the same, since she'll probably do the same when he comes to retire and by then she's already spent hers.
Kids change things drastically.
Kids change things drastically.
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