Can I get a share of my ex-husband's pension?

Tracey Moloney
11 August 2016

Q

My ex-husband and I divorced back in 1988. We have both subsequently remarried. I recently discovered that he has an army pension that he is now cashing in.

I would like to know if I am entitled to any of it as we were married when he was in the army.

I do not want the money for me, but I do think that our three children should get it as he never paid maintenance of any kind.
 

From
MS/Stranraer

A

When you get divorced both parties must ensure that all financial issues are dealt with before a divorce is finalised (when the decree absolute is issued).

As you and your ex- husband have both remarried, you are both unable to make an application to the court for financial relief.

If prior to your divorce being finalised and you remarrying you had asked your solicitor for a claim for financial relief to be included in your divorce, you may have been able to make an application for a share of your ex-husband’s pension.

My advice in respect to finances following a divorce is simple, the parties should not remarry until the finances have been sorted out or, alternatively, an application has been made to the court.

Tracey Maloney is head of family law at Co-op Legal Services