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.
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