Does she still get half my pension if I die?

Hi Chancerspa

You are right about an earmarking order. If it is made against your pension and she dies then the earmarking (attachment) ceases, so you get your full pension again.

For a pension-sharing order, the two pots are entirely separate and neither is changed at all if the other dies or re-marries.

It is actually possible to attach the lump-sum benefits as a separate exercise. I believe that I am correct in thinking that it is possible to place a sharing order on a pension that already has an earmarking order but not the other way around. Therefore, it is possible to make an attachment order on the lump sum benefits and then subsequently make a sharing order on the main pension.

Peter.

Peter
i was very interested in your last Paragraph which you wrote


It is actually possible to attach the lump-sum benefits as a separate exercise. I believe that I am correct in thinking that it is possible to place a sharing order on a pension that already has an earmarking order but not the other way around. Therefore, it is possible to make an attachment order on the lump sum benefits and then subsequently make a sharing order on the main pension.


is earmarking the same as an attachment I am just trying to learn at the momnt about these things
So if this is an army pension could or would i be able to ask for the gratuity if I am in tilted to have a claim in that to be paid as an attachment and the main pension to be paid as a sharing order .

As I said I am learning about the pension side of things at the moment so I feel a bit silly asking questions .
And could you also tell me if you no the answer if a spouse upon divorce has a claim for part of the lump sum gratuity payment or is it only the pension she can have rights to claim .
Thank you

Yes earmarking is another name for attachment. Certainly, my understanding is that it is possible to agree an attachment order on the gratuity (terminal grant) and a sharing order on the main pension. You should remember that attachment orders can be varied by the court, they also cease automatically if either party dies or if you remarry.

Peter

Thank you Peter x

I hope that this will be the short and easy to digest answere!

If you get divorced your pension will be valued (CETV) and your wife will get half; unless she has some pension provision of her own in which case she will get a share of yours that when added to her pension will give her the same amount as you. Think of the pension as a pot of money. Some of the money in your pension pot will be taken out and put into her pension pot so that each pot has the same amount in it. She then keeps her pot and you keep yours and that's it..no widows benefits etc.

You keep what's left in your pot and she
keeps what's in hers. This will of course leave you with a reduced pension when you retire.

That is a pension sharing order. Forget about earmarking, most solicitors have.

The only other option is to buy out your wife's pension claim by offering her another asset instead.

Is the advice on this thread still current? I was thinking that as mine and stbx's pensions (his in payment mine due soon) provide roughly similar incomes, that it would not be worth pursuing pension sharing orders. But if the pension share for one spouse survives death of the other, then it may well be worth it, since the surviving spous would effectively increase his/her income by 50%. Am I reading this thread right? Does it cost to get a pension sharing order (in terms of fees to pension payer)?

Another one here needing advice re the lifespan of pensions if somebody has the time and knowledge to reply please.
I'm soon to be divorced with a public service pension already in payment and I just need a couple of hopefully quick questions answered. My STBX is concerned that she will not receive any of my pension until she is 60 years old. If I have read this correctly and a pension attachment is agreed then this would enable her to receive payments from my pension immediately. It would also appear that an attachment order would cease if either she remarry's or I die, can anybody please confirm if this would be the case?