FAQ: How are pensions divided during divorce in the UK? Am I entitled to my spouse’s pension?

A pension will be included in a financial settlement during a divorce. There are a few ways the court can handle a pension during divorce proceedings:

• Pension is shared – A clean break where pension assets are split and allocated between the two parties.
• Pension is offset against other assets – You can retain your entire pension fund, but other assets of equal value will be given to your spouse. This could, potentially, include the home.
• Pension is paid to the ex spouse in a pension attachment order – Similar to a maintenance payment, an attachment order means part – or sometimes all – of a pension fund is redirected to the ex spouse in regular payments.

The length of the marriage – and whether or not you have children – will also dictate whether or not a pension will be included in the financial settlement. For short marriages without children, a pension will likely be left to the pension owner. For longer marriages, one of the three above courses will be taken when settling your pension fund.

We always recommend seeking legal advice when it comes to handling pensions during a divorce. This will keep you informed on whether or not a pension is entitled to a spouse, or which course of action is best for your specific situation.

To obtain the our counsel, you can get in contact with us to arrange your fixed-fee consultation. If you are overseas, we provide a Skype alternative to ensure you can still gain access to our guidance.