When a marriage ends, all of the couple’s assets are usually taken into account before a financial settlement is decided, and that includes both spouses’ pensions. Workplace schemes, personal pensions, and, in some cases, additional state pension rights can be relevant.
The court’s sole objective is to reach a fair and just outcome, having regard to the needs of both parties, their ages, health, earning capacity, and the overall resources available. Our family law team can help you build a clear picture of the assets in your case and advise you on what you are entitled to and how a court is likely to approach the matter.
Please call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
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Understanding The Value Of Pensions
Before you can understand whether you are entitled to your ex-husband’s pension, those pensions need to be identified and valued. Each pension scheme has a value known as the ‘Cash Equivalent Transfer Value’, or ‘CETV’, which we obtain from the pension provider and use as a starting point in negotiations.
If you or your spouse has multiple pensions or belongs to public sector schemes, such as the NHS, teachers’ or local government schemes, specialist advice from a pension on divorce expert is often recommended. We can help you obtain the correct information from the pension providers and, where appropriate, work with independent experts to ensure that the figures are accurate.
How Can I Receive A Share Of My Ex-Husband’s Pension?
There are three main ways pensions can be dealt with in a divorce settlement, which are as follows:
Pension Sharing
Penson sharing is where a part of one spouse’s pension is transferred into a pension in the other spouse’s name, so that each person has their own fund for retirement. The court makes a Pension Sharing Order which specifies the percentage to be shared, and this is then implemented by the pension provider. We can help you negotiate appropriate pension sharing terms and draft the financial order to be approved by the court.
Pension Offsetting
Pension offsetting is where the value of the pension is balanced against other assets, such as the equity in the family home. For example, one person may keep more of the pension pot while the other retains a larger share of the property, depending on what best meets the parties’ needs. We can help you assess whether offsetting is suitable in your circumstances and what a fair trade off might look like.
Pension Attachment
Pension attachment is where part of a pension is earmarked to be paid to the ex-spouse when it comes into payment, rather than being transferred into a separate fund. This does not provide a clean break, as it leaves you financially tied together in the future. We can advise you on the pros and cons of pension attachment and whether it is appropriate in your case.
Am I Entitled To My Husband’s Pension If We Separate?
If you separate but do not start divorce proceedings, you may still be able to reach a financial agreement that recognises the value of your husband’s pension, for example, by offsetting against other assets. However, the formal pension sharing mechanism is only available through a court order made within divorce or civil partnership dissolution proceedings. That means you cannot obtain a Pension Sharing Order based solely on separation without a divorce. We can help you explore interim arrangements on separation and then guide you through the financial aspects of a later divorce so that pensions are properly dealt with.
How We Can Help
As family law specialists, we understand that the question ‘am I entitled to my ex-husband’s pension?’ is not just about money; it is about your and your family’s future financial security and peace of mind. We can help you identify and value all relevant pensions, obtain expert reports where needed, and advise you on the approach most likely to achieve a fair outcome in your circumstances. We can support you in negotiations, mediation, or court proceedings, and ensure that any agreement reached protects your position. If you are concerned about what will happen to your ex-husband’s pension or want to know where you stand before starting divorce proceedings, our specialist team is on hand to help.
Please call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
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