Pension Adjustment Orders & Effect On Child Maintenance

I am unfortunately involved in a marriage breakdown situation, and have quite a complicated query re pensions and child maintenance. I have already spoken with an experienced family law solicitor, but I can't get a straight answer on this.

Basically, I am 5 years older than my wife. I can retire at age 60, whereas her retirement age is 65. We have four kids, two of whom are of preschool age. My wife works part-time at the moment, and appears to be not looking for spousal support, just child maintenance. I anticpate with time that she will move to fulltime work.

Theoretically, I could retire at 60, she would be 55,she would v likely working fulltime at that stage, and the youngest two kids would still be in receipt of child maintenance (assuming they go to college/ need support up to age 23).

My question is as follows; Would my wife in the above scenario be entitled to both a share of my pension and also in addition child maintenance payments, or would the child maintenance be "abated" to take account of the fact that she would be getting a share of my pension whilst still of working age/ well short of her own retirement age?

Thank you in advance for your help.

What makes you think she is looking for a pension adjustment order? If she does not appear to be looking for spousal maintenance?

Even if she does not really want a pension adjustment order, it may or may not be that the claim has been thrown into the mix for good measure. Its not always a given that such an order will be made.

And if she is looking for the order, and it is granted, and there is going to be ongoing maintenance for the dependent children, you could ultimately seek a variation of the maintenance payable to take into account the pension.

Really, its a matter for you to take up with your legal advisers - so much is dependent on individual circumstances, its not really possible to comment generally.

mf

MF1 thank you for your advice and help. Much appreciated