The Significance of Pension Sharing On Divorce or Dissolution of a Civil Partnership

During divorce or dissolution of a civil partnership, there are various assets that are taken into account when resolving how the finances should be split.

These include pensions, properties, savings, and other assets.

Pension sharing is one of the options available when resolving finances on divorce or dissolution of a civil partnership. Unfortunately, it is often overlooked.

According to the Pension and Lifetime Savings Association, approximately 71% of divorcing couples overlook pension sharing, despite pensions forming a large part of the assets and in most cases, it is the woman that loses out. It is often the case that one partner has been able to build up their pension wealth whilst the other has taken on more family caring responsibilities.

A contributing factor in pensions being overlooked may also be the increase in DIY divorces. Some couples may simply obtain a divorce and fail to deal with their finances or pensions are overlooked altogether if an agreement is reached.

The University of Manchester conducted some research which found that in about half of couples with pensions, 90% of the pension wealth is held by one of the partners. They also found that less than 15% of couples have pensions that are approximately equal.

It is crucial that all assets are taken into account when resolving the finances and this includes pensions.  An integral part of resolving finances amicably involves both parties providing full financial disclosure of all their assets including pensions.

The parties and their Solicitors or Mediator can then factor in pension wealth to ensure any disparity is addressed. This could be through a pension sharing order or in some cases offsetting where one party obtains a larger share of another asset instead of a pension sharing order.

The overall aim in financial remedy cases is to achieve fairness between the parties and this applies to pensions as much as any other assets.

If you would like advice on the significance of pension sharing on divorce or dissolution of a civil partnership, please contact Tayo Taylor at tayo.taylor@mhhplaw.com or on 020 3667 4783