Is a legally seperated spouse entitled to half (or %) of other spouses pension?

[Ireland.1]

Is a legally seperated spouse entitled to half of other spouses pension or percentage of same? Living apart since 1990.

Thanks.

 

[mf1]

Re: Entitlement to Pension

Is a legally seperated spouse entitled to half of other spouses pension or percentage of same? Living apart since 1990.

Thanks.

Not enough information there. Several things spring to mind as a starting point:

1. Are they actually legally separated? Or going through the process currently.
2. If yes, when was that legal separation?
3. Was the pension considered and taken into account at the time?
4. If no, what are the ages of the parties and their relative financial positions?

In general, pensions can often be as ( if not more) valuable as a family home when dealing with a matrimonial case and should be taken into account when dividing assets, discussing maintenance and planning for the respective parties long term future.

mf

 

[Ireland.1]

Re: Entitlement to Pension

Yes both are legally seperated. The legal seperation was back in 1990. Both are in their sixties.

One of the parties is financially comfortable whilst the other is in financial difficulty.

Both of the spouses, at the time signed a declaration that they would not come back at one another for any financial help in the future.

The pension was not mentioned at any time. In this case it is worth more than the average house at the moment.

It's probably a very silly question considering that such a document exists but my question is is it possible for same to be overturned?

 

[mf1]

Re: Entitlement to Pension

Porbably the best thing to do is to go for Divorce at this stage and seek a Pension Adjustment Order. Given that there is a "full and final" clause in the Separation Agreement, a Court may or may not entertain any variation in that Agreement.

mf