Pensions Lawyers Berkhamsted, Amersham & Beaconsfield
How can I protect my pension when I divorce?
If you have been the main earner, you will probably have the largest pension savings too, so your goal may be to keep as much of these as you can. Conversely, if you have been the lower earner (or have focused on raising the family), then your pension savings may be much lower or even non-existent. Therefore, in the divorce financial settlement you should aim to secure enough pension assets to support you in later life.
Is my spouse entitled to my pension?
In short, the answer is yes. Your spouse is entitled to make a claim to benefit from your pension. The general rule in the UK is that assets you and your spouse have built up are shared and so should be divided equally in the case of a divorce. As well as property, business and investments, cash and savings, and physical assets such as cars, the contents of your pension are also counted as a shared asset.
How are pensions shared out during a divorce?
In a divorce, pensions are considered along with the other financial assets of the marriage. There are three main methods to share out pensions and these are as follows:
- Pension offsetting: This allows one of you to take the pension whilst the other takes assets of an equivalent value, such as property or investments.
- Pension sharing: This allows the splitting of the pension into two individual pensions from the date of the divorce.
- Pension attachment: This allows for maintenance payments to be paid from one person’s pension to their spouse.
How can I get an accurate pension valuation when divorcing?
Whether or not you are the main holder of pension savings within the marriage, it is vital to get an accurate valuation of all pensions held. This can be a more involved process than simply looking at the latest pension statements. We always advise our clients to consider instructing a pension actuary in order to assist with this task.
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