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Pension sharing in divorce settlements

Posted: 7th July 2016
Written by: Hayley Edwards - Family Solicitor

Pension Sharing Orders can be made in a divorce or the dissolution of a civil partnership.

English bank notes and coins.

They stipulate that one party’s pension value can be divided, and a percentage of it transferred to the other party. Each party then has independent rights under separate schemes.

There are some exceptions, but most pensions can be shared. These include, pensions in payment, additional state pensions and pension protection fund compensation. How much the percentage by which a pension is shared, depends on the circumstances of the case and whether the pension share is intended to divide the capital value of the pension or provide the parties with equality of income on retirement.

It is a complex area of law and if you need further information or guidance, please contact our family law team