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Hello, I wondered if anyone could advise me on the following issue?

I divorced my husband in 2005 after 14 years of marriage due to his infidelity. He had pays maintenance of £350, for our three children, this amount was agreed between us! However, the children are now 21 ( at uni, he no longer pays for her) 18 at college and 16 at college. I have brought the children up alone and their father sees them every 4 to 6 weeks. I have now applied to university myself (to do something for me after bringing kiddies up alone) so money is more tighter than ever. My ex husband is, from what I see (he's very secretive) quite well off and regularly has long haul holidays! My question is , am I entitled to a claim some of his pension? Or once all the children leave education am I eligible to claim anything from him?

Kind regards

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I believe there have been cases where a wife has been able to obtain payments in the way you think may be possible. But you would need to consult a Solicitor that has day to day dealings with such divorce settlements and they will have to consider all circumstances before they can advise whether it is worth pursuing. Then there is how much the Solicitor is going to charge you.


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The issue of pensions and future maintenance should have been resolved as part of the divorce settlement, and would be very difficult to challenge after such a long delay.


RMW

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Why don't you say what you really mean ! lol

 

Always tempting to respond like this. I did think the same, when I read it. But actually a spouse can be entitled to part of their husbands pension, as they have supported them, which has enabled them to work. But it is not that straightforward and I suspect a Solicitor would want a sizeable fee.


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I appreciate your comments, but .... there would have been a financial settlement at the time of the divorce in 2005. We are now 9 years on from the divorce and considering the OP's comments about her ex husbands infidelity (not relevant) his long haul holidays (not relevant), how secretive she thinks he is (its his business and not hers after all) I am just guessing that the OP is thinking I will have some of that. The ex husband would seem to have paid his maintenence regularly (otherwise the Op would have mentioned it). I feel quite sorry for the ex husband actually.

 

Regards

 

:)

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Did you sign a 'Clean Financial Break' agreement as part of the divorce? I made my ex husband sign one as it meant neither of us could claim on the other for financial support at some point in the future. Child Maintenance is a seperate issue and is usually paid until a child leaves education/the parent with residence ceases to receive child benefit etc

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Can I remind certain posters to post with care what they post, posts have been removed.


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When your final decree was granted, did the judge ask you if you wanted the right to make any further financial claim in the future and thus ask for a nominal £1 maintenance payments to be made.? Did you ask for a pension sharing order?

If the answer is no to these then the chances of getting anything just because you feel like having a few years me time is minimal. Your eldest has the right to ask for maintenance whilst at uni but you cant ask on her behalf.

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This should have been dealt with at the divorce stage, think you've missed the boat. Do you have a pension?

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Yup should have been done at the time. Highly likely that the consent order at the time of the divorce will have stipulated that it was prohibiting any further claims. I would want to know why my divorce solicitor didn't raise it at the time - assuming massively of course that they didn't.

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Pension sharing or splitting on divorce only apply to petitions after 1 DEC 2000 and wouldn't normally apply to short marriages. 14 years of marriage is a relatively short marriage.

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