Can a husband or wife have a claim on the other's pension as part of a divorce? The answer is ‘Yes’. We can advise you on how it will affect your particular case.

What is Pension Sharing?

The courts can now order that a pension fund be shared, so that each of you are given separate pensions from the one original pension. Some points to note include:

The pension does not have to be shared equally, the parties can agree or the Court can Order the percentage to suit the circumstances of the case.

After pension sharing either party can take their pension benefits when they see fit, in accordance with the pension provider's rules and Inland Revenue rules.

The pension providers have 4 months in which to implement the Sharing Order.

Can a court decision be avoided?

It is possible to incorporate a pension sharing or attachment order into a Consent Order. This is an agreement drawn up by a solicitor and approved by the Court.

Click here for more details.

What next?

This is a complex area of the law, and it is best to talk to our team of specialist divorce lawyers about resolving your pension matters in the best way for you. Please call us on 01727 798000 or by email to arrange an initial appointment.