May 25, 2024

Pensions and Divorce

Written by Susan Hughes

When agreeing on the financial settlement aspects of a divorce or dissolution of a civil partnership, it is important that pensions are not overlooked.

Pensions can have considerable value, and in many cases, there will be one party who wants to protect their pension pot and another who wants access to it as part of the settlement.

Generally, this matter is dealt with in one of three ways by the courts:

Pension Sharing

This is where you are given a percentage share of your former spouse/civil partner’s pension pot. The money that you get from the pension pot of your former spouse/civil partner is then legally treated as your money to be invested in a pension in your name.


This is where your claims in respect of your spouse/civil partner’s pension is offset against another asset e.g. the family home. This could mean that one spouse retains the home and the other the pension.

Pension earmarking

This is like a maintenance payment directly from one person’s pension pot to their former spouse/civil partner. Under this arrangement, money from your tax-free lump sum can also go to your former spouse/civil partner.

Pensions are complex and it is important that you seek expert legal advice on the financial options available to you from a law firm with experience in marital finance matters.

At Peter Lynn and Partners Solicitors, we not only have one of the largest divorce & family law teams in the region, but we offer expert advice on pensions, asset splitting, investments, property, and financial orders and settlements.

For more information and to arrange a free initial appointment, contact Susan Hughes, a specialist in financial claims involving divorce/dissolution cases.

Call 01554 788280 or email  [email protected] and click here for more