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Ask Clare Your Own Question
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34105
Experience:  25 years experience of all aspects of family law
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i am entitled to a NHS pension which when i retire in ten years

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i am entitled to a NHS pension which when i retire in ten years time will represent forty years service.
i am trying to get divorced but my husband is not agreeable unless i give him half of my pension.
He deserted the family home,paying no contribution to the mortgage or any bills for two and a half years.He still received half of the settlement from the sale of the family home. He chose not to take out a pension,is he entitled to half of of my pension?
Thank you for your question
I shall do my best to assist you but I need some further information first
How long have you been living together and how long have you been separated?
Customer: replied 4 years ago.

twenty three years married and separated for three years.

What income did you each have over the years?
Customer: replied 4 years ago.

initially we probably earned the same, but over the years i gained promotion and earned more. For a period of time he was self employed and not really earning so I did two jobs to pay the mortgage.

I am afraid that the simple fact is that he does indeed have a claim on your pension.
Not the 50% he is claiming - more like 25% representing half of the pension that accrued during the years that you were married.
You can certainly argue in court that he should not have as much as that but I am afraid that there is no guarantee that it would be successful
However there is no reason why you should not issue a divorce Petition based on his Unreasonable Behaviour immediately and there would be nothing he could do to stop it unless he was willing to incur the costs of a defence
I hope that this is of assistance - please ask if you need further details
Clare and other UK Family Law Specialists are ready to help you
Customer: replied 4 years ago.

would he have to wait until i retire to claim his share

It is more likely that a pension sharing order would be made.
Your existing pension pot is split and 25% - or whatever percentage the court agrees - is placed in a fund in his name for when he retires.
He does not get cash

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