Irish Army Pension

PizzamanIRL

My mother and father are separated. He recently retired from the army.

The other day he told her that she's supposedly entitled to some of his pension because they're not divorced. Is that true?

Just said I'd ask here because, as silly as it sounds, I wouldn't take his word as the truth.

Frosty McSnowballs

That doesn't sound right at all, doesn't make any sense to me. Maybe in the event of his death (sorry to say) she could be entitled to a part pension or something.

I could be wrong though. Some of the retired lads here hopefully can help out.

SIRREX

He is correct, I have seen this in action and causing serious grief between separated couples. The pension is seen as a shared asset, much like the family home would be.

I don't know if it makes a difference whether they separate before or after the payment of pension begins

johnny_doyle

Give the pensions board a ring

http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/sep_divorce_pensions.html

Frosty McSnowballs

SIRREX wrote: »

He is correct, I have seen this in action and causing serious grief between separated couples. The pension is seen as a shared asset, much like the family home would be.

I don't know if it makes a difference whether they separate before or after the payment of pension begins

Fcuk, I didn't know that.

Note to self......don't get married!

Triangla

Not just army pension. A payment adjustment order can be sought against a spouse with any type of pension.

Non state pension that is.

Jawgap

Yes, she is.

My advice (based on experience) is that if / when the time comes for the divorce to be finalised your Dad should spend the money to get an actuary to draft the pension adjustment order - from a technical perspective it's probably the most difficult part of the process and one that should not be left for a non-expert solicitor to draft.

He's also entitled to a part of her pension too!

PizzamanIRL

Thanks for the answers.

They're not getting divorced. They have been separated since 1995 i think. He just rang the other day saying he got a letter saying she's entitled to some and that she will be getting a payment every month starting this month. Seemed a bit too good to be true to me.

tac foley

I'd charge her a monthly handling fee equal to the amount of the pension to which she is, it seems, entitled.

But then I'm all heart, me.

tac

Stovepipe

why stay seperated? get an actual divorce and then get a private detective to make sure she's cohabiting, ie, being supported financially by someone else before giving her a red cent. As soon as she remarries, she's off your dime.

regards
Stovepipe

PizzamanIRL

Stovepipe wrote: »

why stay seperated? get an actual divorce and then get a private detective to make sure she's cohabiting, ie, being supported financially by someone else before giving her a red cent. As soon as she remarries, she's off your dime.

regards
Stovepipe

She's separated nearly 20 years and is single. She deserves every red cent and more form the lack of financial support from my father leaving her to bring up 3 kids alone.

That's aside from the point though, thanks again for the answers.

Stovepipe

This begs several questions:why have they not got a divorce? is one being stubborn? Why did he even suggest it, about the pension? why did she not take him to court to compel him to pay for his children before now, as a State employee is an easy person to compel to pay maintenance? really, get some legal advice on this and the best of luck to you.

regards
Stovepipe

mcko

My wife's friend divorced her husband and he left the Army at 20 years as he didn't want her to get half his pension.
Not pretty when people have a bitter divorce.