Pensions on separation and divorce

The pension entitlements of you and your spouse/civil partner/qualified cohabitant arising from occupational or personal pension arrangements may be affected by separation or divorce.

If you or your spouse/civil partner/qualified cohabitant have been in a pension arrangement for some time, pensions could be a very significant part of your family assets.

If you have children or other dependants, you should also consider what would happen were you or your ex-spouse/ex-civil partner/ex-qualified cohabitant to die. Pension rights cannot be shared out without a court order – a separation agreement cannot share out pension rights.

You should bear in mind that you and your dependants may have benefit entitlements from both your own arrangement, and your spouse’s/civil partner’s/qualified cohabitant’s arrangement.

For more information see ‘A brief guide to the pension provisions of the Family Law Acts’ available here and the ‘Pensions on separation and divorce checklist’ available here.