Divorce and pensions
If you’re facing divorce proceedings you will find that pension funds form part of the matrimonial estate and decisions need to be made about who is entitled to what. A disparity in the size of pension funds will often result in one party having to compensate the other.
Three ways to divide pensions in a divorce
- Offsetting – This means other assets in the matrimonial estate are offset against the value of pension rights.
- Earmarking Orders – This is a court order to earmark a portion of pension benefits to be paid to the other when the pension pays out.
- Pension Sharing/Pension Credit – This is a clean break option that awards a portion of one party’s pension to the other.
The method most suitable in your divorce depends on your circumstances. If your solicitor feels Earmarking or Sharing are appropriate then the advice of a pensions expert will be necessary.
What we can do to help you in your divorce
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