Getting divorced and want to discuss your pension options?
One of our pension specialists can explain your pension options during a divorce, including what to think about and how to find regulated financial advice.
Divorce and your pension: what you need to know
Last updated:
06 December 2024
If you’re getting a divorce or dissolution, find out how your pensions might be affected – including your options for splitting the money.
What happens to my pension if I get divorced?
Pensions usually count as part of the money and property you own with your ex-partner, not including the State Pension. This means they need to be considered when deciding how to settle your finances.
To find out how much your pension is worth, ask each pension scheme for a ‘Cash Equivalent Transfer Value’ for divorce purposes. You might have to pay a fee and wait up to three months.
You can then add the value of your pensions to any other assets you own, like a house.
How are pensions split in a divorce?
You'll normally need to decide how your pensions are split between you – they don’t always need to be shared equally. If you live in Scotland, only pensions built up during your marriage or civil partnership matter.
It can be difficult to work out a fair way to split a pension, especially as they usually work differently from other money and property you own. For example, you might have to wait years for the money and pay Income Tax on anything you receive.
To help, it’s worth considering paying for a pension on divorce expert (PODE) to create a detailed pension report for you. A PODE is normally accessed via your solicitor. See our guide about legal advice on divorce for help finding a solicitor.
A court might tell you how to split your pensions
If you can’t agree, a court might decide how your pensions should be split. This may include issuing a:
pension sharing order (PSO) – where all or part of a pension is transferred to an ex-partner, or
pension attachment or earmarking order – where the pension stays in the same name, but the ex-partner will get a share when it pays out.
You might also be able to keep each pension in full, but divide your other money and property differently. For example, if you keep a large pension pot, your ex-partner might keep your house if it's a similar value. This is called pension offsetting.
The State Pension is separate to this and can’t be split, unless you reached your State Pension ageOpens in a new window before 6 April 2016. In this case, you might have to consider splitting any additional State Pension or protected payments.
Find out more in our guide Divorce or dissolution: how we can help with your pension.
Can my ex-partner claim my pension years after divorce?
If a court did not approve your financial settlement when you got divorced, your ex-partner could make a claim for some of your pension at a later date. But they’d need to explain to a court why it’s appropriate after all this time.
If a court did approve your financial settlement, it’s much harder for your ex-partner to change the terms and claim your pension now.
If you’re worried about this happening, it’s worth seeking legal advice. See our guide Legal aid and other help if you can’t afford divorce or separation fees for more help.
What happens to my pension if either of us remarries?
If part of a pension has been transferred to an ex-partner under a pension sharing order, or you used pension offsetting, this won’t be affected if either of you remarries. But a pension attachment or earmarking order will usually stop.
The terms of the financial settlement you agreed to, or that the court approved, should list what happens if one of you marries someone else.
