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History: Home UK Divorce Forum
Topic:
Military pension share (6 Posts)
Started By:
Date:
31 January, 2017 05:47PM
Military pension share
millwall - 31 January, 2017 05:47PM
Hi David,
At last I see light at the end of the tunnel and at the end of this year all will be settled and behind me. I have agreed to a 50/50 split of my army pension and in the draft order it states.......Pursuant to the Matrimonial Causes Act 1973, section 31, and there be provision by way of a pension sharing order in favour of the respondent in respect of the applicant’s rights in the Armed Forces Pension Scheme in accordance with the annexe to this order it being agreed between the parties that in the event of respondent predeceasing the applicant after this order has taken effect but before its implementation the applicant shall have the respondent’s personal representative’s consent to an application for leave to appeal out of time against the terms of this order.

2 questions.
If my ex wife dies before me before this order takes effect she can nominate one of the children to receive her share....is tha correct.

Or if she dies after the implementation of the sharing order but before me would I get her 50% back.

Hopefully this will be my last request so thanks for all your help in the past.
Another Military Pension Share Scenario
Logical_Sky - 01 February, 2017 04:31PM
Good Afternoon,

In June last year I discovered that my Wife (age 37) had been having an affair with her boss. We are still married, unofficially separated as we live apart and recently passed 15 years of marriage (since 2001). We have 2 children of primary school age. Since I moved out of our shared (rented house) into my rented house, we have shared responsibility for the children 50/50. We do own a house but we have never lived in it, which is being sold with an agreement to split the equity 50/50. All other costs, including child care and shared loans remain 50/50. In September I left the Military after 22 years (age 41) and received a full commutated lump sum (50K) and immediate pension (8.5K pa).
I have also started a new job (45k PA) and started a new pension scheme with my new company. My wife also served in the military and served 7 years before leaving in 2004 so has a preserved pension that will pay out at age 55. She is in full time employment and has an income greater than my income (55k PA), having just been promoted into her bosses job (coincidence?). This job also has a good pension plan that so far she has accrued 5 years of contributions, she could also have a share plan but is reluctant to tell me. This year we are likely to start divorce proceedings and she is interested in obtaining part of the lump sum and a percentage of my pension (PSO). I explained that she wouldn't be paid a monthly pension (as I do) until she is at least 55. She doesn't want to wait and would prefer a lump some as a form of clean break.
The third party in this (her Boss) is also married and now separated. Although his circumstances are similar being ex military and a home owner, there is a considerable difference in scale. He owns 2 houses (estranged wife and children in one), the other is rented out. His military pension is at least 3 times more than my own and his current wage is greater than what my wife earns.
In conclusion, it is likely that they will eventually marry and will be financially secure. My potential for securing a mortgage to buy a house for my children's stability depends upon the lump sum staying intact. After reading through many other posts on here, I know that giving her any amount without the legal 'rubber stamp' would be a mistake. Should I just go to Court and let them sort this out once all the financial cards are on the table?
Re: Military pension share
millwall - 01 February, 2017 06:36PM
Thanks for hijacking my post and hiding my two questions.
Re: Military pension share please don't pinch my post
millwall - 02 February, 2017 08:14AM
Hi David,
At last I see light at the end of the tunnel and at the end of this year all will be settled and behind me. I have agreed to a 50/50 split of my army pension and in the draft order it states.......Pursuant to the Matrimonial Causes Act 1973, section 31, and there be provision by way of a pension sharing order in favour of the respondent in respect of the applicant’s rights in the Armed Forces Pension Scheme in accordance with the annexe to this order it being agreed between the parties that in the event of respondent predeceasing the applicant after this order has taken effect but before its implementation the applicant shall have the respondent’s personal representative’s consent to an application for leave to appeal out of time against the terms of this order.

2 questions.
If my ex wife dies before me before this order takes effect she can nominate one of the children to receive her share....is tha correct.

Or if she dies after the implementation of the sharing order but before me would I get her 50% back.

Hopefully this will be my last request so thanks for all your help in the past.
Re: Military pension share please don't pinch my post
millwall - 11 February, 2017 02:08PM
Hi David,
Can you explain why my topics recently are never answered? I try and keep them as short as possible but if you have no intention to even reply to them then maybe your be kind enough to let me know so we can both stop wasting each others time. I know your time is limited and I appreciate all the past advice but I am coming to the end now and I don't have a solictor anymore due to over charging and constant battles.
Re: Military pension share
Monty - 21 February, 2017 06:33PM
I don't know about the first, but the answer to the second - I'm pretty sure - is no. The effect of an AFPS pension sharing order is that your ex-wife becomes a scheme member in her own right, so she effectively has her own pension in the scheme, not a share of yours.

Sorry I didn't post this earlier - not been on here for a while.
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