Pensions on Divorce

Why pensions matter on divorce

Pensions built up during a marriage are usually treated as a shared asset, and for many people, particularly after a longer marriage, they are worth more than the family home. Even if only one of you has worked or paid into a pension, the other can have a claim.

A pension is not divided automatically when you divorce. It is only dealt with if a court order says so, usually as part of your wider financial settlement.

Types of pension

Defined contribution (money purchase). A pot of money that has been invested. Its value is shown on your statement.
Defined benefit (final salary or career average). A promise of an income for life, including most public sector schemes such as the NHS, teachers', police and local government schemes. These are harder to value than a statement suggests.
Pensions already in payment. These can still be shared.
The State Pension. Treated differently; see below.

Ways a pension can be dealt with

Pension sharing. A percentage of one spouse's pension is transferred to the other as a pension in their own name. It is the most common approach because it allows a clean break: each of you then controls your own pension. A pension sharing order only takes effect once the divorce is final, after a short appeal period.
Offsetting. One spouse keeps their pension and the other receives a larger share of other assets, such as equity in the home. It looks simple but is difficult to get right, because a pension and a lump sum are not worth the same amount in practice, so it needs expert input.
Pension attachment (earmarking). Part of the pension income or lump sum is paid to the other spouse when the pension starts. It is rarely used now because it does not give a clean break, and payments can stop if either of you dies or if the receiving spouse remarries.

Finding out what a pension is worth

We start by asking each pension provider for a Cash Equivalent Transfer Value (CETV) and details of the scheme. A CETV is useful for defined contribution pensions, but it can be a poor guide to the real value of defined benefit and public sector pensions.

In larger or more complex cases a Pensions on Divorce Expert (PODE) can produce a report. We will advise you whether one is worthwhile, and what it will cost, before we instruct anyone.

The State Pension

The basic State Pension and the new State Pension cannot themselves be shared on divorce. The additional State Pension (for people who reached State Pension age before 6 April 2016) and any “protected payment” above the full new State Pension (for people reaching State Pension age after that date) can be. A State Pension forecast from GOV.UK shows where you stand. Even where the State Pension cannot be shared, a difference between your State Pensions can be taken into account when looking at other assets or maintenance.

Timing

Pensions must be dealt with by a court order, usually as part of a consent order. It pays to start early: pension providers can take weeks or months to supply information, and a pension sharing order only takes effect after the final order. Some schemes charge a fee for putting a pension sharing order into effect, and we will tell you if that applies.

Our experience

Andrew Nelson, a director and solicitor, is accredited by the Law Society's Family Law panel and is a member of Resolution. Karen Leadbetter, our Family Law Consultant, handles financial settlements of any value, with particular strength in complex cases involving significant assets, business interests and pensions.

Frequently asked questions

Is my pension automatically split 50/50?

No. Nothing is transferred automatically. A pension is only shared if a court order says so, and the percentage depends on the circumstances. The court looks for a fair outcome, taking into account the needs of both of you and the other assets available.

Do I lose my pension if I get divorced?

No. A pension is only affected if the court makes an order dealing with it. Many people keep all of their pension and receive a greater share of other assets instead, but that is not always the right answer, so it is worth taking advice before you agree.

Can I get a share of my spouse's pension if they have not retired yet?

Yes. A pension does not need to be in payment to be shared. A pension sharing order transfers a percentage of its value now, or an attachment order can pay you part of it when it starts.

Our pensions are public sector or final salary schemes. Does that matter?

Yes. These promise an income for life and can be complicated to value. The cash equivalent transfer value on a statement can be a poor guide to what they are really worth, so we will advise whether you need an expert report.

Does pension sharing give a clean break?

Yes. Pension sharing is the usual way to achieve a clean break on pensions, because each of you ends up with your own separate pension. Attachment orders do not give a clean break.

Can the State Pension be shared on divorce?

The basic State Pension and the new State Pension cannot be shared. The additional State Pension, and any protected payment above the full new State Pension, can be.

Useful links

GOV.UK: Check your State Pension forecast — see where you stand before you settle
MoneyHelper — free, impartial pensions guidance
Resolution — family justice professionals committed to a constructive approach

More helpful sites are collected on our useful links page. We are not responsible for the content of other websites. This page gives general information, not legal advice, and is correct as at October 2026.