Date updated: Wednesday 13th April 2022

From 1 April 2022 the 1995 and 2008 sections of the 1995/2008 scheme closed and all active members moved to the 2015 scheme. This could mean that ultimately benefits could come from three different parts of the NHS scheme.

If I divorce what happens with my NHS pension?

It is regarded as an asset of the marriage which will be considered when deciding how everything is to be divided fairly between the parties.

If I get divorced will I automatically get a share of that pension?

No. As with financial assets and how they are to be divided there must be a separate financial agreement, a court order which will confirm what will happen.

I have been divorced for many years and therefore assume it’s too late for my ex-spouse or partner to make a claim on my pension and that it’s all mine.

That’s not correct.  A claim can be made in respect of pensions and other financial assets long after you are divorced if they have not been dealt with separately and recorded in a separate financial agreement. Remarriage, however, can have an impact on your ability to make future financial claims.

This shows the importance of obtaining legal advice as pensions can be very complex. New no-fault divorce rules could mean even more couples will get divorced without dealing with financial matters and pensions are likely to be forgotten.