Court Rule Pension Not Safe Even If Divorced Years Ago

Court Rule Pension Not Safe Even If Divorced Years Ago.

Pensions on divorce floodgates could open after Supreme Court ruling.

A ruling by the Supreme Court last week could mean your retirement plans are jeopardised with the ability of your ex-husband or ex-wife to claim a share of your pension even if you divorced many years ago.

In the case Wyatt versus Vince, the Supreme Court upheld an appeal by Ms Wyatt to claim a share of her ex- husband's pension even though they divorced 18 years ago.

At the time of the divorce Mr Vince had established a green energy business and had little or no income and as a result no maintenance was paid at the time and no financial agreement was issued i.e. a Financial Order by the County Court.

This ruling may result in the flood gates opening for thousands of ex-spouses to claim a share of your pension where a Financial Order was not issued.

In the above case Mr Vince has subsequently become a multimillionaire and Ms Wyatt has now claimed a financial settlement totalling around £1.9 million.

Whilst we are not matrimonial lawyers, we find it hard to believe that a settlement in the millions of pounds will be approved by any court. However, the Supreme Court has ruled that Ms Wyatt is allowed to claim a share of her ex-husband's pension rights as there was no Financial Order and as such we believe that any judge will rule that Ms Wyatt is entitled to at least a share of her ex-husband's pension rights in proportion to the period up to date of separation.

You have been warned. We suggest that whilst divorce negotiations are difficult for all parties, you should always only divorce when a financial settlement has been agreed and a Financial Order issued by the County Court.