Dividing pensions on divorce or dissolution
In divorce or dissolution, the pension can be the biggest asset after the family home. You can split pensions several ways, so it’s worth understanding the options before deciding what’s best for you.
- Pensions you can divide
- How you can split pensions
- Find out the value of your pension
- Additional State Pension
- Basic State Pension
- Your next step
Pensions you can divide
Start by listing all the different pensions you and your ex-partner have, and get a copy of the rules for each scheme.
This could include:
- schemes you have through work
- personal pension schemes
- Additional State Pension (but not the basic State Pension)
What exactly can be divided depends on where in the UK you’re divorcing or dissolving your civil partnership.
In England, Wales or Northern Ireland
The total value of the pensions you have each built up is taken into account.
This doesn’t only mean the pensions that you or your ex-partner built up while you were married or in a civil partnership, but all of your pensions – except the basic State Pension.
Only the value of the pensions you have both built up during your marriage or civil partnership is taken into account.
This means that anything built up after your ‘date of separation’ or before you married or became civil partners doesn’t count.
How you can split pensions
This table shows how workplace, personal and Additional State Pensions can be divided.
The rules of the pension scheme will help inform you which of these options will work best for you.
Get professional advice from a solicitor or a financial adviser before you act.
|Option||What is it?|
|Pension sharing||You get a percentage share of any one (or more) of your ex-partner’s pensions.
This is either transferred into a pension in your name or you can join your ex-partner’s pension scheme.
If the pension is transferred to you and you don’t already have your own pension, you’ll have to set one up.
|Pensions offsetting||The value of any pensions is offset against other assets.
For example, you may get a bigger share of the family home in return for your ex-partner keeping their pension.
Deferred pension sharing
(not available in Scotland)
|This is used if your ex-partner’s pension is being shared. They have already retired and are receiving their pension, but you haven’t retired and are too young to be paid a pension.
You both make an agreement to share the pension at a later date. This can be more complicated to arrange than an ordinary pension sharing order, so legal costs can be higher.
Deferred lump sum
(not available in Scotland)
|You get a lump sum payment from your ex-partner’s pension when they retire.|
Pensions attachment order
(called ‘pensions earmarking’ in Scotland)
|You get some of your ex-partner’s pension when it starts being paid to them.
You can get some of the pension income, the lump sum or both. But you can’t get pension payments before your ex-partner has started taking their pension.
Splitting your pension after you’ve retired
If you and/or your ex-partner have retired, the pensions can still be split, but the rules are different.
It isn’t possible to take a lump sum from your ex-partner’s pension if they are already receiving an income from it. This applies even if your ex-partner took a lump sum.
Do you need a court order?
Only a court can make a:
- pensions sharing order
- pensions attachment or earmarking order
You and your ex-partner can agree to offset your pension without a court order.
You should get advice from a family lawyer who knows about pensions in divorce or dissolution as the rules are complicated.
Find out the value of your pension
Only the person who is a member of the pension scheme, or who has taken out the pension, can ask for a valuation.
In divorce or dissolution, pensions are valued using the ‘cash equivalent transfer value’. This is the amount you’d get if you moved your pension elsewhere. It may be less than the ‘fund value’ of your pension because it will include charges for transferring.
How you find out the value of your pension depends on where in the UK you’re divorcing or dissolving your civil partnership.
In England, Wales or Northern Ireland
Ask your pension provider for a statement that will give you the cash equivalent transfer value. The annual statement is a good starting point, plus it’s free.
You can do this if you have a workplace ‘defined contribution’ or ‘money purchase’ pension or personal pension, where you pay into a pension pot, rather than your retirement amount being based on your salary.
Your pension must be valued on the ‘date of separation’, and only the value that has built up during your marriage or civil partnership is taken into account.
Ask your pension provider for a statement that will give you the ‘cash equivalent transfer value’ for the pension at the date of separation.
You should also ask them how much of that pension was built up during your marriage or civil partnership.
Salary-related pension schemes
If you have a final salary or other salary-related pension scheme, getting an accurate valuation may be more complicated. You should still ask your provider if they can give you a cash equivalent transfer value, but be aware that this rarely reflects the true value of these schemes.
This is a complex area and it’s worth getting expert help from an actuary or a financial adviser who specialises in divorce or dissolution. You will have to pay for this, so find out how much an independent valuation will cost first.
Many pension schemes charge for valuations over and above the annual valuation they provide.
Additional State Pension
The Additional State Pension is the part of your State Pension you build up when you’re employed.
At the moment, you can’t split it if you divorce or dissolve your civil partnership.
You can get a valuation of your Additional State Pension by filling in Form B20.
Basic State Pension
You can’t split the basic State Pension if you divorce or dissolve your civil partnership.
However, you may be entitled to claim a basic State Pension using your ex-partner’s National Insurance (NI) record. You can do this if their record during your marriage or civil partnership was better than your own. It won’t affect their State Pension amount.
Both you and your ex-partner must reach State Pension age before you can claim it.
If you remarry or enter another civil partnership before you reach State Pension age, you’ll lose this entitlement.
The rules are due to change for people who reach State Pension age after 5 April 2016.