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Common issues with an Armed Forces Pension in divorce

View profile for Christopher Myles
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During divorce, the court has the power to order one spouse to share his/her armed forces pension with their ex. If you are part of the armed forces, it is important your final salary pension is protected by a solicitor with experience in Military divorce so you can avoid common issues and mistakes. But what are the common issues when divorcing in the military? Here we go through what to watch out for and explain how a trained solicitor can guide you through this sometimes-complicated process.
 

What is a final salary pension?

Final salary pensions guarantee the individual a set income when he/she retires. As they are very expensive for companies to fund, final salary pensions are not common in the public sector, but still prevalent for those in the military. 

 

Problems that can occur with an Armed Forces pension during divorce

Our solicitors are experts when handling military divorces and armed forces pensions. Typically, there are three common issues that need to be handled with care:
 
1) The Pension share is unfairly divided if based on the capital value of the pension rather than the monthly income it will provide.
2) A divorcing civilian can receive an unfairly low share if the pension scheme was undervalued. 
3) The armed forces pension scheme often allows members to draw benefits in their 50s, this can affect the valuation of the pension leading to unfair results.
 

How can Crombie Wilkinson help?

Whether you are seeking a share of your ex’s military pension, or you have a military pension you need protecting during your divorce, you’re going to need expert advice from a solicitor with experience in helping military families.

Crombie Wilkinson have worked closely with many armed forces personnel when their relationship has broken down, providing them with specialist and specific advice on their personal circumstances to make sure of the right outcome for all involved. Our team understand the difficulties of being involved in a family dispute and can work with your circumstances to explain what you need to think about, including arrangements for children, finances, living accommodation and armed forces pensions. 

 
 

What to do if you have an Armed Forces pension and are getting divorced?

You must speak to a specialist solicitor for advice who has the knowledge and experience required to protect your armed forces pension. 
 
Crombie Wilkinson not only have experience in military divorces but are members of the Armed Forces Covenant which demonstrates our support for the Armed Forces Community.
 
 

Defence Employer Recognition Scheme (ERS)

We are also very pleased that our firm has received the Bronze Award from the Defence Employer Recognition Scheme for our intent to support defence personnel. 

To learn more about military divorces and protecting your pension please click here.