Date updated: Tuesday 12th April 2022

Is the value of our pensions relevant when I get divorced?

Absolutely. A worrying statistic is that less than 20 per cent of couples include pensions in their financial settlement. The law changed in 2000 to allow divorcing couples to share pensions and yet they are still ignored by many.  After the family home pensions are often the most valuable asset.

Do I have to disclose information about my pension even if I had it before I was married?

You do. Evidence of the value of all pensions must be obtained before a financial settlement can be approved by the court.”   

How are pensions dealt with in financial settlements?

There are various options;

  • Pension offsetting: this is where the value of the pension is offset against other assets
  • Pension sharing: this is where a percentage of one person’s pension is transferred to the other.
  • Pension attachment /earmarking: this is where one person pays income or a lump sum to the other when they start taking the pension.

There are different types of pensions and, depending on the pension scheme and its value, it might mean that additional investigation is required to obtain a full and accurate picture of its value. For instance, NHS pensions have differing schemes and the information can be complex, but this is something your lawyer can help you with.