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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

  1. Offsetting – This means other assets in the matrimonial estate are offset against the value of pension rights.
  2. 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.
  3. 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

  • Work with you and your solicitor (with your permission) to establish your needs and objectives, preferences and personal circumstances regarding your pension.
  • Analyse your existing pension arrangements and establish the options available to you.
  • Provide you with balanced pension advice so you understand the advantages and disadvantages of each of the options.
  • Advise you of the best way to manage your future pension provision, whether it is to build funds to replace those lost or grow the funds you have been awarded.
  • Confirm all our findings and advice in a written report to you after researching the pensions market thoroughly and selecting products and providers to meet your needs, where this is appropriate.
  • Execute your pension instructions once you have made a decision.
  • Provide an ongoing pension monitoring and advice service if you require it.

 

 

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