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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29018
Experience:  25 years experience of all aspects of family law
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Following my divorce in 2000 part of the agreement was a 50/50

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Following my divorce in 2000 part of the agreement was a 50/50 split of everything including my two private pensions. What my solicitor at the time didn't tell me was that the court order relating to splitting these pensions was that they are split GROSS and are termed 'earmarked orders' with the result that my ex spouse receives 1/2 of my pensions but I receive LESS because I have to pay the income tax on the pension. So my ex spouse receives more that I which is not an EQUAL share. I have tried to contact the original solicitor but they are no longer in business. This situation will go on for as long as I live which is unfair. What can I do about it.
Peter Weaver
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
I will do my best to assist but I need some further information first.
How much tax is involved each month?
Claire
Customer: replied 1 year ago.

I have 2 private pensions, a British gas Lattice pension and the tax amounts per month are


2013-14 £46.60 my ex getting £96.22 & me £149.61 2012-13 £41.00 my ex getting £194.25 & me£153.25.


2011-12 £86.00 my ex getting £191.62 me £105.63.


2010-11 £42.60 my ex getting £190.35 & me £147.76. These are monthly deductions


I have a prudential pension and the tax amounts are


2011-12 £17.40 my ex getting £34.81 me £34.80 ( monthly deductions )


the P45's for


2010-11 are tax £208.80


2009 10 tax £208.80


2008-9 tax £229.229.68


2007-8 tax $£229.68


payments to my ex and I are divided equally !


 


Hope this is sufficient information for you.


Peter


 



 


 

Expert:  Clare replied 1 year ago.
Hi
What I am trying to find out is how much this is costing you in the average year/month?
Claire
Customer: replied 1 year ago.


Hello Claire,


I don't really understand your question.


But, I am taxed on the WHOLE of my pensions as they are issued initially in my name. This takes me into a taxable bracket. I have corresponded with HMRC but this is the way they view it So I suppose you could say the present arrangement costs me having to pay income tax which I would otherwise not have to do.


If I take the tax paid over the last three years it averages £678.60 per annum costs I would not have to pay otherwise.

Expert:  Clare replied 1 year ago.
Hi
Yes that was what I was asking - what is this "costing" you each year - which appears to be £700 (just under)
What other income does your ex have to your knowledge?
Claire
Customer: replied 1 year ago.


state pension + an uknown interest income from a savings ISA

Expert:  Clare replied 1 year ago.
Hi
Do you have any other income yourself?
Claire
Customer: replied 1 year ago.


No, my state pension + the two private pensions I have paid into since I was 15 when I first started working from school. I have interest from a small ISA + a long term bond with the Yorkshire building soc. I bought a small bungalow in N.Wales with the proceeds of the the divorce, I had to provide a roof for my daughter who elected to live me. She eventually married, I found a new partner , sold my bungalow and we both sank our savings into buying the home we now live in.

Expert:  Clare replied 1 year ago.
Hi
Does your ex also have her own home?
Claire
Customer: replied 1 year ago.


Yes. after the divorce she went to S. Wales and lived with her parents for about 2 years then bought her mortgage free house.

Expert:  Clare replied 1 year ago.
Hi
Thank you for the information.
What you have been told is correct - You could not have a Pension Sharing Order because it was not available at the time that the Decree Absolute relating to your divorce was made.
Accordingly the only change that could be made would be to reduce the amount that your ex receives each year so that she is covering 50% of the tax bill.
Equally you have been advised correctly there is at least an even d chance that the court will not make the order - especially given the relatively small amounts involved.
As to how much the application will cost that is in your hands.
If you choose to deal with the matter yourself then the only real cost is the cost of issuing the application (£240) and the cost of traveling to the hearing - likely top be moved to Wales if that is where your ex is.
There would be no question of your obtaining an order for costs
I know that this is not the news that you wanted - but it is realistic I am afraid.
Please feel free to ask for further clarification or information
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29018
Experience: 25 years experience of all aspects of family law
Clare and 4 other UK Family Law Specialists are ready to help you

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Clare
Clare
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25 years experience of all aspects of family law