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Pensions on Divorce: Key Points

Family law · Factsheet

Importance of Pensions in Divorce

  • Pensions can be a significant asset in divorce
  • Often overlooked but crucial for future financial security
  • Can be shared on divorce, regardless of whose name they’re in
  • Ignoring pensions can lead to unfair outcomes
  • Consider both current and future needs

Types of Pensions

  1. State Pension: Basic and Additional
  2. Defined Contribution: Based on contributions and investment performance
  3. Defined Benefit: Based on salary and length of service
  4. Personal Pensions: Self-arranged private pensions
  5. Workplace Pensions: Arranged through employers
  6. Public Sector Pensions: Often defined benefit schemes

Valuing Pensions

  • Cash Equivalent (CE) is the starting point for valuation
  • CE may not reflect true value of pension benefits
  • Expert advice often needed for accurate valuation
  • Consider future value and additional benefits
  • Obtain valuations for all pensions, including State Pension

Options for Dealing with Pensions

  1. Pension Sharing: Splitting pension into two separate pots
  2. Pension Offsetting: Trading pension rights for other assets
  3. Pension Attachment: Directing part of pension to ex-spouse
  4. Deferred Pension Sharing: Delaying implementation
  5. Pension Equalisation: Aiming for equal income in retirement
  6. Leave pensions untouched: May be appropriate in some cases

Key Considerations

  • Seek expert advice, especially for complex cases
  • Consider long-term financial security, not just immediate needs
  • Be aware of tax implications of pension decisions
  • Understand the impact of pension sharing on retirement income
  • Consider the effect of new relationships on pension arrangements
  • Ensure all agreements are made legally binding through court orders
  • Review and update your will after divorce
Reviewed
August 2026
Authority
Matrimonial Causes Act 1973 ss.21A, 24B–24D, 25B–25D
Source
Download this factsheet as a PDF 8-Pensions-on-Divorce-Key-Points.pdf · 1 page

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