Pensions and Divorce Settlements

What part will my pension play in my divorce proceedings?

When former couples are going through divorce proceedings the assets owned by the both of them will be examined when deciding how to divide up the assets between both parties.

When this process is taking place the court will be required to take the pension rights of both parties into account as these are viewed the same as any other asset will be.

Will I need to know the approximate value of my pension?

Each party to the divorce will need to know approximately what the values of their pensions are. Accordingly each individual will have to be in contact with their pension provider in order to be provided with a valuation of their individual pensions.

Can my former spouse get access to information concerning the value of my pension?

It is an important factor to be aware of that an individual’s former spouse does not have any right to know the value of their former spouse’s pension without them giving their consent for this information.

What are the options available for divorcing couples in relation to their pensions?

Through the court process a divorcing couple can decide to do the following with their pensions:

  • Balance the pension rights against another asset such as the matrimonial home – this process is known as Pension Offsetting

  • Arrange that when one party’s pension eventually comes into payment, a specific portion of it will be paid to the other party – this process is known as Pension Earmarking

  • Split the pension at the time of divorce to give both parties their own pension pot for the future – this process is known as Pension Sharing

Pension Offsetting

During the process of pension offsetting all of the assets owned by the couple will be taken into account with the pension benefits of an individual party being offset against other assets for example the matrimonial home.

The individual party will keep their own pension rights and the other party will be given the benefit of the other asset offset against the pension, for example the right to live in the matrimonial home.

What are the problems with using pension offsetting?

Often when pension offsetting is the desired process it can be difficult to fully achieve a fair balance of a couples total assets.

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For more information on:

  • What happens if it is difficult to achieve offsetting?
  • Pension Earmarking
  • How much will this amount be?
  • When will this payment be made?
  • What is the process for this payment to be made?
  • What are the problems associated with pension earmarking?
  • What would happen to a lump sum payment if the former spouse remarries?
  • Pension Sharing
  • How does this work in practice?
  • Pension Sharing Order
  • How is the Pension Credit calculated?
  • What is the CETV and when will this be calculated?
  • How should a decision be taken on how to deal with a pension during divorce proceedings?