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Divorce Pension Rights

Is my partner entitled to my pension if we divorce?

When it comes to the financial settlement of your divorce, pensions are an asset within your family “pot” and as such need to be considered. Depending on the type of pension and your particular circumstances, there are several solutions including sharing your pension or off-setting it against other assets.

With a wealth of knowledge in managing the complexities of pension divorce settlements, Purcell is highly skilled in helping you navigate these issues.

Pension Options

Pensions Sharing Order

Pension Sharing is the most common way to deal with pensions in a divorce, with a share of one person’s pension transferring to the other person (either within the existing pension fund or elsewhere, depending on the scheme rules).

This will become a pension in that person’s name without further links between the parties. What’s significant about this option is that contributions to the pension, after the pension sharing order is implemented, will only benefit the person making them and not the other spouse – as the pensions are then separate.

Alternatives To Divorce Pension Sharing

Pension Attachment Orders

This option enables the person receiving the pension credit to receive a defined percentage of the other person’s pension payment, i.e. it continuously divides the pension income between both parties. This is far less commonly used as there are risks to the receiving party and can be affected by remarriage or if the owner of the pension dies, then the payments will stop. Pension Attachment Orders are rare, but this option can be a solution for the right case but expert advice is crucial.

Pension off-setting

Sometimes, your circumstances mean one or both parties would prefer not to share pensions and instead for the side with the lower pension provision to receive a larger share of other assets. For example, if one person wants to remain in the family home and would prefer to retain that asset rather than receive a share of the other person’s pension. Off-setting requires careful consideration of current and future needs, and it is essential to receive expert advice on this.

Keeping Your Pensions

It could be agreed you will each retain your own pension provision if that would be fair in your circumstances.

We will recommend the best pension divorce settlement to meet your requirements. We can help you reach a legally binding agreement with your partner or if formal proceedings are necessary, we will robustly act for you to achieve the best outcome at Court or Arbitration.

Why Use Purcell Solicitors?