Pension Rights in a Divorce or Civil Partnership Breakup

In the turmoil of divorce or break-up, it can be easy to lose sight of the importance of some elements of the whole process and make decisions that have lasting effects without truly giving the proper attention to the ramifications.  It is easy to focus on the tangible assets involved in a breakup, such as a property.  The lawyers at Gay Lawyers are well aware that, even in the face of legal advice, some individuals find the discussions about asset sharing very difficult simply want the whole process to end as quickly as possible and resulting in poor decisions. 

Gay Lawyers support our clients through the whole process with a measured approach to minimise risk and mitigate the distress.  We will protect your assets and ensure that there is a fair division.

Often relatively young clients do not always consider as thoroughly as they should the value of a pension, which is considered as part of any final settlement in a divorce or dissolution.  There are various orders that relate specifically to the allocation of a pension in a breakup.

Should the couple be keen to have a clean break with minimal or no contact after the event, then a Pension-Sharing order can be applied for.  This will allow a percentage of the pension, either yours or your partner’s pension to be divided and transferred to a separate pension fund in the name of the person who is to receive a share.  This will mean that following the divorce there is a clean break and no further need for contact in this respect.

An alternative way of handling a pension to enable an individual to keep the whole of their pension is to offset it against another asset or assets; your partner will receive a financial benefit equal to the value of a share of the pension pot.

Another option is to “earmark” part or all of the pension pot to be paid out when the pension matures.  The other party receives the allocated amount automatically.

As far as State pensions are concerned a Basic State pension cannot be shared, however, if you have an additional State pension this can be shared by a court order.

Before any decision is made it is crucial to have a proper valuation of the pension and the income it is scheduled to deliver.

For further information about dividing a pension after a breakup please email or telephone 020 7043 5923