Pension Sharing Orders: What You Need to Know

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Why a Pension Matters in Divorce

Only 13% of divorcees consider pensions when dividing assets. Pensions are often the second biggest asset after the home – but often ignored at your peril to protect you in later life.

Pensions represent a critical part of financial security, particularly in later life. Yet, during the tumultuous process of divorce, they are frequently overlooked. This can lead to significant financial disadvantages for one or both parties. Understanding the importance of pensions and the mechanisms available for sharing them is essential for anyone going through a divorce or dissolution of a civil partnership.

What is a Pension Sharing Order?

A Pension Sharing Order (PSO) is a legal order that allows for the division of pension assets between divorcing spouses or civil partners. This order ensures a fair distribution of pension benefits, providing financial security to both parties. It is often described as equalisation of income in retirement, and this is what the courts try to achieve when looking at pension distribution even when only one party has a significant pension. A report is often required from a pension expert to forecast how dividing a pension between parties will result in the equalisation of income for the later years.

When a PSO is granted, a specified percentage of one party’s pension is transferred to the other party. This division is legally binding and can be enforced by the court, ensuring that the agreed-upon split is executed. The transferred pension benefits can either be directed into a new pension scheme for the receiving party or remain within the original scheme with the benefits reallocated.

Pension Sharing vs. Other Options

While a Pension Sharing Order is a common and often preferred method for dividing pension assets, there are other alternatives, such as offsetting and pension attachment orders.

Offsetting: This involves balancing the value of the pension against other assets. For example, one party may keep the pension while the other party receives a larger share of the property or other financial assets. This is effectively simply dividing the overall assets at the time of divorce to achieve equalisation at that point – with the courts often accepting house values and pension values rise at roughly the same rate.

Pension Attachment Orders: This method, also known as earmarking, directs a portion of the pension benefits to the ex-spouse when they are paid out. However, this does not transfer ownership and can be less flexible and reliable than a PSO. Often not a common approach taken by the courts.

PSOs are often favoured because they provide a clean break and clear division of pension assets, ensuring that both parties have financial independence post-divorce.

Who Can Apply & When

PSOs are available to individuals undergoing divorce or dissolution of a civil partnership. It is important to note that these orders are not automatic and must either be agreed upon by both parties or ordered by the court. The division of the pension will clearly be set out in the financial consent order and a pension sharing annex attached to the consent order will also be approved by the court. This must be sent to the pension company dealing with the distribution within 4 months of the consent order being approved by the court.

Eligibility conditions include:

• The parties must be legally divorcing or dissolving a civil partnership.
• Both parties must agree to the order, or it must be mandated by the court.

How the Process Works

The process of obtaining a PSO involves several steps and can be complex. Here is a simplified timeline:

Step 1: Obtain a pension valuation. This requires contacting the pension provider to evaluate the current worth of the pension. This is commonly referred to as obtaining the CETV value of the pension (Cash Equivalent Transfer Value)

Step 2: Legal paperwork and court involvement. Solicitors and sometimes actuaries and pension experts will be involved in drafting and submitting the necessary documents to the court.

Step 3: The court grants the Pension Sharing Order. Once the court approves the order, the pension provider is instructed to execute the division of assets.

What Happens After the Order is Made?

Once a PSO is granted, its implementation begins:

• Percentage-based transfer: The agreed-upon percentage of the pension is either transferred to the receiving party’s new pension scheme or reallocated within the current scheme.
• Internal transfer: In some cases, the benefits remain within the original scheme but are adjusted to reflect the new ownership division.

Common Pitfalls to Avoid in Pension Sharing Orders

Navigating the division of pensions can be fraught with challenges. Here are some common pitfalls to avoid:

• Not valuing the pension correctly: Obtaining an accurate valuation is crucial for a fair division.
• Agreeing to a split without legal or financial advice: Professional guidance ensures that your interests are protected.
• Failing to account for future needs: Consider long-term financial security when dividing assets.
• Also consider the scheme rules for each pension and find out what happens if you die before you receive the pension – can it be distributed as part of your estate or do the scheme rules not allow for this. Very common in some public sector pensions.

Fair Result’s Approach

At Fair Result, we support our clients through the process of obtaining a Pension Sharing Order with expert financial advice and clear communication.

• Access to financial experts who can provide accurate pension valuations and strategic advice.
• WhatsApp contact for convenient and timely communications.
• Fixed-fee model ensuring financial clarity from day one.

Conclusion

In conclusion, pensions should be a part of every divorce conversation. Their importance to financial security in later life cannot be overstated. Ensuring a fair division through a Pension Sharing Order can provide peace of mind and stability for both parties involved.

Download our Divorce Guide or get in touch for a free consultation to explore how we can assist you in protecting your financial future.

Read more articles by Peter Marples.

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