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Pensions and divorce

Important information - the value of investments can go down as well as up so you may get back less than you invest. Eligibility to invest in a SIPP and tax treatment depends on personal circumstances and all tax rules may change in the future. You cannot normally access money in a SIPP until age 55 (57 from 2028).

Over the course of a marriage/civil partnership, pensions can grow to be substantial, and in UK divorce settlements they are counted as assets.

After seeking legal advice to understand how you may be affected and what your rights are, we hope this guide on how pensions can be split between you and your ex-partner will help.


Remember to change your expression of wish - the named person who will receive your pension payments in the event of your death - as soon as you start seriously considering ending your marriage/civil partnership.

What type of pensions apply?

You'll need to track down any pensions that either of you have ever paid into as a 'member' of a scheme.

The most common personal or company pensions can be shared in a divorce settlement.

But the following pensions cannot be shared:

  • Basic State Pension (although Additional State Pension can be shared. This could be built up under the old state pension system and is known as a 'protected payment') .
  • Graduated pension.
  • Widow or widower’s pension that is in payment.

If you're already retired and getting divorced or dissolving your civil partnership, it’s best to get financial advice as this is a complicated area.

Pensions are shared according to the terms of your divorce. But here are some examples of how they could be split.

Offsetting

You or your ex-partner get a share of another asset, rather than the actual pensions.

Pension attachment / earmarking order

A proportion of the pensions are paid directly to you or your ex-partner when the benefit pays out.

Pension sharing

A share of the pensions is transferred to you or your ex-partner.

How we can help

Personalised financial advice

If you need help with investing or have complex finances to juggle, our financial advisers can help you make better sense of it all. 

So if you have a minimum of £100,000 to invest for the long term and would like a free, no-obligation chat about your needs, call us on 0800 222 550.

Explore our financial advice service 

Retirement services

If you're thinking about accessing your pension soon and want to understand what options are available, our retirement services team can provide both free guidance or paid-for personalised advice.

Call us on 0800 368 6882 to book a free, no-obligation appointment. 
 

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Start your self-invested personal pension (SIPP)

Save towards your future retirement with a self-invested personal pension (SIPP), or bring your pensions together to make life that bit easier.

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Pensions and divorce FAQs

What if I'm receiving death benefits - can these be shared in a divorce?
What about my state pension?

Finances and divorce

If you're currently going through a divorce or have just finalised yours, we look at the financial topics you and your legal adviser might explore.

Divorce and finances
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Important information - this information is not a personal recommendation for any particular investment. If you are unsure about the suitability of an investment you should speak to one of Fidelity's advisers or an authorised financial adviser of your choice.