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Top_advisor, Attorney
Category: Republic of Ireland Law
Satisfied Customers: 1155
Experience:  Solicitor and Attorney
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My husband wants to devorce me we were married years

Customer Question

Hi my husband wants to devorce me we were married for 29 years but seperated for 25 i just want to know if im entiteled to any of his army pension thanks trudy
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Top_advisor replied 2 years ago.
Hi Trudy
You could potentially be entitled to a share of your husband's pension.
The Court has the power to treat your husband's pension as an asset of the marriage and to order that it be divided into whatever shares it deems appropriate.
The Court would need to take account of all circumstances, including whether you have children, whether you gave up the chance of a career in order to raise them, and the fact that you have been separated already for so long.
Without knowing all of the details, given your very long separation and assuming there are no children, I would not expect you to be awarded a very significant share, though you certainly may receive a small share. If, however, there are children, and you raised the children and were prevented thereby from pursuing a career and growing your own pension fund, I would anticipate that you may be entitled to around half of the pension.
Any further questions, please do ask.
Expert:  Top_advisor replied 2 years ago.
Hi there Trudy
I hope my answer was useful to you.
I would be very grateful if you could rate my answer OK service, GOOD service or EXCELLENT service, so that I receive credit for helping you.
Thank you very much
Best wishes
Customer: replied 2 years ago.
Thank you for your response
I have four children now adults from my husband and I did not work for many years because I had to rear my children but I did receive child support from my husband through the army.
Even if I did want to apply for any of my husbands pension, I do not know what regiment he was in or even his army number so I guess I am fighting a loosing battle
Thank you
Expert:  Top_advisor replied 2 years ago.
Hi Trudy
It is certainly not a losing battle. If your husband wants to divorce you, he will need to disclose all of his assets, the pension being one of them. He will have the details of the pension or will have to contact the army to retrieve the details.
If he does proceed, you can request the details and insist on a share as part of the settlement.
Best wishes
Customer: replied 2 years ago.
Dear *****
Who should I contact to find out about the settlement as we have being separated 24 years and now he is continuously sending court letters for me to sign but nothing about a settlement
Yours Trudy
Expert:  Top_advisor replied 2 years ago.
Hi Trudy
He has to use the Court process unless you agree to divorce voluntarily. Does he have a solicitor acting for him?
I would suggest you write to him to confirm that you require disclosure of his assets etc and say that you wish to make a claim to a share of his Army pension.
If you would like help in writing the letter, I could assist with that. I will make you an offer once I finish this answer.
Would you mind rating me so that I receive some credit for helping you?
Customer: replied 2 years ago.
Hi John
I am a bit worried about how much all this advice will cost me. I understand I have paid you £17.00, but I am unsure if you keep giving me this helpful advice, am I incurring more cost.
I remain
Yours Trudy