Pension Sharing Solicitors
Pensions are often the most overlooked asset in a divorce, yet they frequently represent the second largest part of the matrimonial pot after the family home.
Don’t leave your future to chance—start with a straightforward, free initial consultation to understand your options.
Owner of Breakthrough Solicitors
Solicitor & Mediator
Father of Two
Why choose Breakthrough Solicitors for your pension sharing matter?
Navigating the division of pensions is one of the more complex aspects of a financial settlement. For many, a pension is not just a savings account; it is the foundation of a future financial position.
In England and Wales, pensions are generally treated as matrimonial assets. This means that regardless of whose name is on the policy, the value built up during the marriage is often subject to sharing.
Without expert advice, it is easy to rely on cash equivalent transfer values (CETVs) which often fail to reflect the true utility of a pension, particularly in defined benefit or public sector schemes.
We help you navigate the three primary methods of pension division:
- pension sharing orders,
- pension offsetting, and
- pension attachment.
What sets us apart:
- Transparent and trusted: We believe in honest communication regarding costs and outcomes. Our reputation is built on providing realistic advice and maintaining transparency, as reflected in our client feedback.
- Experienced team: Our solicitors have experience in complex family law matters such as navigating pensions in divorce. You will always receive clear, supportive advice without unnecessary jargon.
- A strategic, solutions-focused approach: Every situation is different. We help you decide whether mediation, collaborative negotiation, or court proceedings are the most appropriate route, always aiming to protect your interests and achieve a fair, efficient outcome.
- Specialist network: For complex cases involving NHS, police, armed forces, or large corporate schemes, we leverage our relationships with specialist actuaries.
- Serving clients across England and Wales: We work with clients nationwide. Some meet us remotely, while others visit our offices in Buckinghamshire, Berkshire, Hertfordshire, Middlesex, and London.
- Advice in multiple languages: We offer clear, pragmatic legal advice in English, Hindi, Gujarati, and Cantonese, ensuring nothing gets lost in translation.
- Flexible appointments: Choose between remote video meetings or face-to-face appointments, depending on what suits you best.
- Convenient meeting times: Flexible appointments:
- Monday – Friday: 8am – 8pm
- Saturday: 9am – 6pm
- Sunday: 11am – 5pm
Speak to a family law solicitor today!
Owner of Breakthrough Solicitors
Solicitor & Mediator
Father of Two
How Breakthrough Solicitors support you with pensions in divorce
Whether you are seeking to share a pension to achieve a clean break or are negotiating to keep your retirement fund intact, having a structured process is essential.
Courts treat retirement funds as a distinct class of asset with unique valuation rules. Breakthrough Solicitors can help advise how these rules may be relevant to your situation.
How the process usually works:
- Initial consultation: We take time to understand your situation. We identify your priorities, such as whether you need immediate capital for housing or long-term income security in retirement.
- Pension disclosure: Both parties must provide full details of their pensions. This usually includes obtaining a Cash Equivalent Transfer Value (CETV) from each pension provider so the pensions can be properly identified and assessed.
- Pension valuation and expert advice: In some cases, the CETV does not reflect the true value of a pension. Where appropriate, we can instruct a pension on divorce expert (PODE) or actuary to prepare a detailed report on the likely retirement income and fair division of the pensions.
- Negotiating a settlement: This may involve discussing pension sharing, pension offsetting, or other ways to achieve a fair financial settlement.
- Mediation and ADR: If an agreement cannot be reached through negotiation, mediation or another form of alternative dispute resolution may help resolve matters without going to court.
- Court proceedings (if required): If matters cannot be resolved outside court, we provide robust representation and clear guidance throughout formal proceedings.
- Finalising and implementing the agreement: Once an agreement has been reached, we prepare the legal documentation for court approval. After the court seals the order, we work with the pension provider to implement the split and confirm the settlement has been completed.
Common pension challenges during divorce — and how we help you prepare
For divorcing couples, the primary challenge with pensions is that they are not liquid assets. Unlike a bank account, their value is often tied to future income, making them difficult to compare directly with cash or property.
The court aims for a fair distribution, but without a clear understanding of pension sharing rules, one party may end up with a lower standard of living in retirement.
Key ways to strengthen your position:
- Obtain full pension disclosure: Both parties should provide details of all pensions, including up-to-date cash equivalent transfer values (CETVs), to ensure the assets can be assessed properly.
- Understand the true value of pensions: Some pensions, particularly final salary or defined benefit schemes, may be worth more than the CETV suggests.
- Consider long-term financial needs: Decisions about pension sharing or offsetting should take into account both immediate financial priorities and future retirement income.
- Accounting for pre-marital contributions: Not all of a pension may be considered a matrimonial asset if portions were built up before the marriage.
- Avoid procedural mistakes and delays: Pension orders must follow strict legal and provider requirements, especially for public sector schemes.
- Get professional support early: Our solicitors help you understand your options, negotiate effectively, and secure a settlement that supports your long-term financial position.
Your pension rights and options in a divorce — and how our solicitors support you
Pensions can play a significant role in the financial outcome of a divorce, particularly in long marriages or where one party has built up substantial retirement savings. Decisions made during the settlement can affect your financial security for many years to come.
At Breakthrough Solicitors, we guide you through all key areas, including:
- Pension sharing orders – dividing pension assets between spouses to achieve a fair financial settlement.
- Pension offsetting – balancing the value of pensions against other assets, such as property or savings.
- Pension valuation – assessing whether expert advice is needed for defined benefit, final salary, or public sector schemes.
- Clean break settlements – helping you reduce the risk of future financial claims where appropriate.
- Negotiation and dispute resolution – working to resolve pension disputes constructively through negotiation or mediation where possible.
- Court representation – providing clear advice and strong representation if court proceedings become necessary.
Speak to a family law solicitor today!
Owner of Breakthrough Solicitors
Solicitor & Mediator
Father of Two
How to start your pension matter with Breakthrough Solicitors
Navigating your rights regarding pensions in a divorce requires a clear plan to protect your future security. At Breakthrough Solicitors, we provide the practical framework and expert advice needed to handle pension sharing, offsetting, and valuation with precision.
Our simple process:
- Get in touch: Contact us by phone, email, or online enquiry form.
- Free initial consultation (up to 30 minutes): Speak with an experienced family solicitor, understand your options, and ask questions — with no obligation.
- Fixed-fee one-hour meeting – £295 (incl. VAT): Meet with Akash Soni and a member of his team to discuss your case in detail, understand how the law applies to you, and receive a tailored strategy. (We’ll ask for documents in advance for KYC and AML checks.)
- Formal instruction: If you choose to proceed, we will send you a client care letter and request a deposit (usually £500, depending on complexity).
- Ongoing support: We take action on your behalf, negotiate where possible, and represent you where required — keeping you informed at every step.
Breakthrough Solicitors is committed to helping you navigate the complexities of pension law with clarity, giving you the structure you need to focus on your next chapter.
Flexible Support That Fits Around You
✓ Remote or Face-to-Face Meetings
We offer meetings remotely via video call, or in person at our offices in Amersham, Beaconsfield, Berkhamsted, Chesham, Chorleywood, Gerrards Cross, Harrow, High Wycombe, Mayfair, Milton Keynes, Rickmansworth or The Chalfonts — whichever suits you best.
✓ Advice In Multiple Languages
Support available in English, Cantonese, Hindi, and Gujarati.
✓ Extended Working Hours
Speak to us 7 days a week, including evenings and weekends.
Speak to a family law solicitor today!
Owner of Breakthrough Solicitors
Solicitor & Mediator
Father of Two
Frequently Asked Questions About Divorce and Pensions
What is a pension?
In a legal context, a pension is a long-term investment designed to provide an income in retirement. For the purposes of a divorce, it is viewed as a matrimonial asset that must be disclosed.
This includes workplace schemes, private pension plans, and certain parts of the state pension. Because they represent future security rather than immediate cash, they require a specific legal process to divide.
How can I protect my pension in a divorce?
Pensions are not automatically split 50/50. Protecting yours requires a strategy that distinguishes between “matrimonial” and “non-matrimonial” wealth.
There are three primary ways to protect your pension assets:
- Ring-fencing pre-marital value: If you built up your pension before the marriage, we can argue that this “pre-marital” portion should be excluded from the shared pot.
- Pension offsetting: You “trade” the value of your pension for other assets. For example, you might give your spouse a larger share of the house equity or cash savings in exchange for keeping your full pension.
- Apportionment (the “service” approach): Cases like BS v HC have reinforced that “pension apportionment” is a matter of fairness, not just math. We can argue that growth in your pension caused by “passive” factors rather than “marital endeavour” should stay with you.
Note on needs: Protection is most effective when your spouse has their own earning capacity. If their basic housing needs cannot be met by other assets, the court has the power to “invade” even protected pensions to help ensure a fair outcome for both parties and any children.
What is a Pension Sharing Order (PSO) and how does it work?
A Pension Sharing Order (PSO) is a formal legal instruction from the court to a pension provider. It is the most common way to divide pensions because it allows for a “clean break” between you and your ex-spouse.
The court orders that a specific percentage (e.g. 30%) of your pension “pot” be carved out and transferred into a new, separate pension account for your ex-spouse.
Unlike old-fashioned “earmarking,” a PSO means you don’t have to stay financially linked to your ex for decades. They don’t have to wait for you to retire to get their money, and if you die or remarry, their pension is unaffected.
How are pensions shared out during a divorce?
The court views pensions as a “matrimonial asset” available for division. There are three technical methods to handle them, though one is rarely used in modern settlements:
- Pension sharing: A specific percentage of your pension is “carved out” and transferred into a new, independent pot for your ex-spouse. You both have separate retirement funds and no further financial ties.
- Pension offsetting: Instead of splitting the pension, you “buy out” your spouse’s interest using other assets.
- Pension attachment: Formerly known as “earmarking,” this allows a spouse to receive a portion of your pension only when you eventually retire.
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 may advise our clients to consider instructing a pension actuary in order to assist with this task.
Is my spouse entitled to my pension?
Your spouse may have a legal claim against your pension assets. The general rule in England and Wales is that assets you and your spouse have built up during the marriage 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.
Are all pensions taken into account in a divorce?
The short answer is yes—all pensions must be disclosed, but not all of them will necessarily be shared.
The court distinguishes between your “total financial picture” and the “matrimonial pot.” Here is how different pensions are treated:
- Private and workplace pensions: These are almost always included. Whether it is a SIPP, a group personal pension, or a high-value public sector scheme (like the NHS or Teachers’ pension), the value is taken into account.
- State pensions: Your Basic State Pension cannot be split. However, if you have an Additional State Pension (accrued before 2016), this can be shared via a court order. For those on the New State Pension system, while the pot itself cannot be divided, its value is still a critical factor in “offsetting” calculations to ensure both parties have sufficient income in retirement.
- Pre-marital pensions: If you built up a pension for 20 years before you even met your spouse, the Standish (2025) ruling provides a stronger shield to protect that “non-matrimonial” portion. While you must disclose it, we can argue that only the growth during the marriage should be shared.
What factors do courts take into account when dividing pensions?
There is no fixed formula for splitting a pension. Instead, the court looks at the specific circumstances of your marriage to reach a “fair” outcome. The primary factors include:
- The needs of both parties: If one person has a high income and the other has none, the court will prioritise ensuring both parties have enough to live on in retirement.
- The duration of the marriage: For a long marriage (15+ years), the starting point is usually a 50/50 split of all pension assets. For shorter marriages, the court is more likely to focus only on the pension value built up during the marriage (the “marital growth”).
- The source of the funds: Following the Standish (2025) ruling, the court now draws a clearer line between the “fruits of the marriage” (what you built together) and “non-matrimonial” assets (what you brought in).
- Age and health: If one spouse is significantly older or has a health condition that prevents them from working, the court may award them a larger share of the pension to compensate for their inability to save for their own retirement.
- The standard of living: The court aims to ensure that both parties can enjoy a retirement lifestyle that is somewhat comparable to the one they enjoyed while married.
What if I’m already receiving my pension?
If you are already past retirement age and drawing an income from your pension, it can still be shared as part of a divorce settlement. However, there are critical rules you need to be aware of:
- No tax-free lump sum: any shared portion is usually paid as income only, as the tax-free cash has already been taken.
- Immediate income: a pension share from an in-payment scheme typically starts paying out straight away rather than being deferred.
- State pension limits: the new State Pension cannot be shared, but older additional elements may be considered or offset against other assets.
What happens in the free consultation?
A 30-minute, no-obligation call where you discuss your situation and options with an experienced family solicitor.
What is the fixed fee meeting?
A one-hour advice session costing £295 (including VAT), where we provide tailored legal advice and a clear strategy going forward.