Home > For Your Family > Family Law > Pension Sharing in Divorce
For Your Family
Expert Family Lawyers. On Your Side.

Pensions and Divorce

Pensions are often a valuable matrimonial asset in a divorce. Before 1 December 2000 the most usual way to deal with pensions was offsetting i.e one person had more assets, for example the former matrimonial home, instead of a share of the pension because pension sharing was not possible. This could lead to unfairness though, with one party receiving assets available now with another having assets available in the future. Therefore pension sharing provisions were brought in for divorce petitions issued on or after 1 December 2000.   

Types of Pension Orders for divorced couples

  • Pension sharing - where a portion of one person's pension is transferred to their spouse.
  • Pension attachment/earmarking - where a proportion of one spouse's pension is earmarked for the other spouse.  However, there are limitations to this order and so pension sharing orders are often more preferable. 

Can Pension Orders be varied? 

A pension attachment order is variable but a pension sharing order is not. 

How to value a pension for divorce 

A pension is valued by obtaining the cash equivalent value. If a pension sharing order is made or agreed then a percentage of the benefits under the pension scheme (pension debit) will be transferred to a pension scheme for the other party (pension credit). The amount that is actually transferred will be the percentage at the time of the transfer not at the time of the agreement.  Pension sharing or attachments can only follow an order of the court. 

Implementation of a Pension Order after divorce

An order takes effect when the pension sharing order and the Decree Absolute have been made and the time period for an appeal has passed. 

A pension company then has four months in which to implement the order beginning with the later of the dates on which it takes effect and the date on which the pension arranger receives the relevant matrimonial documents and the information required by the legislation. 

A pension attachment order may not be made in relation to a pension arrangement that is already the subject of a pension sharing order (and vice versa). 

Charges for Pension Orders

Pension providers charges can be made by a pension company, for putting a pension sharing order into effect. 

Questions about pension sharing and divorce 

To share any questions that you may have, with an expert team of family lawyers, call to speak to someone today, using the contact details for our family lawyers in Leicester, Hinckley and Market Harborough, below. 

Leicester call us on 0116 254 8871.

Hinckley call us on 01455 639 900.

Market Harborough call us on 01858 467 181.

Bray & Bray's experts don't just dip in and out of different areas of law – all our lawyers specialise in certain areas and have the knowledge and confidence to take on any kind of case in their area of law. Contact us and we'll work alongside you from start to finish.

We know that when our clients are dealing with a stressful legal situation the last thing they need is to be confused by jargon, or made uncomfortable by stuffy professionals. Our plain speaking transparent approach puts people at ease and we're really proud of it.

We offer a complete range of legal services, from personal injury to family law, criminal defence and immigration. We have expert teams of lawyers working in all legal areas, and you'll never work with anyone who isn't fully versed in the relevant laws.

We're based in Leicester and the county but we serve clients nationwide, so don't hesitate to get in touch if you're based some distance away. We do everything we can to make things simple for clients based elsewhere – we'll keep in touch via phone and email, and we'll come and visit you should we need to.

Contact Us

X