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Case notes: T v T (High Court (Family Division)) February 1998

United Kingdom
28/01/1999
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T v T (High Court (Family Division)) February 1998

This case concerned the operation of the earmarking provisions introduced by the Pensions Act 1995 in relation to make such an order; they are merely discretionary. Any earmarking order for periodical payments that may be awarded will terminate on the remarriage of the former spouse. An earmarking order can be varied at any time during the member's lifetime or until the remarriage of the former spouse. Given the uncertainties involved (such as the possibility of death or the date on which the member might draw the pension), it may be more appropriate to make the earmarking order shortly before the member's retirement rather than at the time of the divorce.

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