Occupational pension paid to ex-partner

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  • #38025
    rds01
    Participant

    We have a scenario when a claiamnts occupational pension is paid by the provider direct to his ex-wife as part of a divorce settlement. The claimant does not see this money, it goes straight into a joint a/c, which he has no access to, to pay the mortgage and credit card debts. Do we treat this as income? Thanks.

    #107066
    nickkeogh
    Participant

    Regardless of whether or not he sees the money it’s still his occupational pension and therefore his income. If however he has been ordered to pay maintenance and the way that he does this is by just having his pension sent straight to his ex-wife’s account then normal maintenance rules apply so you would need to find out if it’s for any children.

    #107067
    rds01
    Participant

    From the paperwork we have there are no children involved. Therefore, do we treat this in full as income? Thanskl for your help.

    #107068
    Kevin D
    Participant

    If there is a Court Order to the effect that “X”% of the pension is paid to the ex-partner as part of the settlement, it is more likely than not the income does NOT count as that of the clmt.

    See CH/1672/2007 along with the other authorities mentioned within, particularly R(IS) 4/01. Also see CH/1076/2008.

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