Reader Question:
My wife divorced me 3 years ago and nothing was written in the divorce papers about her entitlement to my pension. Now she is demanding that she is entitled , how do I stand ?
My response:
Well that depends.
If when you divorced you sought legal advice and a solicitor acted on your behalf then she won't necessarily be able to make a claim against your pension. This is because both of your solicitors (yours and hers) should have assessed both of your financial assets (including your pension) and liabilities as part of the divorce proceedings.
Accordingly any agreed divorce settlement would have taken your pension into account and as such she would be unable to make a subsequent claim against it now, if the divorce settlement hadn't specified that she had entitlement.
Obviously if you amicably sorted your divorce yourself without a court order then she may have a claim.
This is a legal issue so beyond the scope of my expertise. I suggest that you seek professional legal advice as soon as possible.
I hope that helps
Best Wishes
Damien
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