In the case of a divorce settlement, you need to be aware of what you and your spouse are entitled to in terms of financial assets, including your pension. Speak with our specialists by phone or email to discuss how best to consolidate these during the upcoming proceedings.
When deciding how to resolve pensions in your divorce settlement, you may choose a pension attachment. Also known as earmarking, this involves the scheme member retaining sole ownership of their pension. But once their benefits become payable, they will be required to carry out some form of payment to their former spouse. What sort of form this payment takes will always depend on the settlement.
On the other hand, you may also consider pension offsetting. This would involve each party keeping their own pension benefits, in exchange for other marital assets, as a trade-off to your benefits’ cash value.
Should you find that offsetting your pension is not an option in your settlement, you may consider pension sharing as an alternative. Although it can commonly be identified as a complex procedure, more often than not, it can be simplified with the right professional guidance. Get in touch with our experts to find out more.
Whilst spouses may be entitled to your private pension, this is not the case for your basic UK state pension. However, any additional state pensions may still be shared. Bear in mind that all pensions, whether in the UK or abroad, must be disclosed during the divorce proceedings.
If your divorce took place overseas, but your spouse has a UK pension, we recommend contacting us for legal and financial advice on obtaining a share. Remember that only an English or Welsh court can carry out a pension-sharing order in this scenario.
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