08 Jul Military Superannuation Granted an Invalid Pension
We have recently had a case in which a member of the Military Superannuation scheme had his benefits valued for family law purposes and then was granted an invalid pension. His spouse sought a new valuation which came in much higher. Essentially, the reason for the increase was twofold – the high quantum, low probability invalid pension in the initial valuation became a high quantum reality in the second and additional “insured benefits” associated with future service were included.
We helped his lawyer mount the argument that part of his benefit was related to his costs until normal retirement age and should be excluded. We also explained that the insured benefit was not accrued at the time of separation. We were also able to calculate the part of his benefits that accrued before cohabitation and should arguably be excluded.
The wheels of justice grind exceeding slow and the case is expected to be heard in 2027, so we don’t know the outcome.