Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
1. Dear XXXXX, In respect of a pension adjustment order the calculation of a pension adjustment order normally includes up to the date of the divorce decree for the wife and not the date of separation. This flows from the fact that the parties are not in law divorced until the date of the divorce decree. I realise this may seem to create some unfairness because your former wife may seem to get some additional pension benefits for a time when you were not together. However, I regret to say that you are not rid of your spouse in law until you divorce them. However, if the parties have lived apart for more than five years after separation without divorcing, there is a good argument that pension entitlements should end at the end of five years separation as the parties could lawfully divorce then and they were carrying on separate lives. This approach has been followed in several cases, but is not followed when parties do not spend long years after marriage living apart and before divorcing.
Please RATE the Answer positively so that I may get paid
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).