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Pension offsetting in divorce

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

What is pension offsetting?

Pensions are shared according to the terms of your divorce. But one of the ways a pension can be split is through pension offsetting.

This is when you or your ex-partner gets a share of another asset, rather than the other person's pension.

For example: 

The court has decided to split all of your combined assets 50/50. You have a pension but your ex-partner does not. The pension fund is worth £150,000 and your family home is worth £300,000. The court decides that you can keep your pension arrangement but your ex-partner is then entitled to £225,000 of the house proceeds.

 

Benefits of pension offsetting Drawbacks of pension offsetting
  • It keeps the resulting transactions relatively simple, along with a cleaner break.
  • It might suit your individual needs more. For instance, you might need the family home.
  • If the pension is small, a pension sharing order (another way to deal with pensions during divorce/dissolution) could be disproportionately expensive.
  • It's not affected by remarriage or death.
  • This might be a good option if there are overseas pension assets, as these cannot be shared via a UK court order.
  • You might be left with little or no pension.
  • The pension benefits taken will most likely be paid minus tax on 75% of the funds.
  • It can be difficult in some situations to divide assets fairly using pension offsetting, especially as the value of your pension scheme might, in the long run, be your most valuable asset.

Other ways to divide your pensions

Pension attachment/earmarking orders

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

Pension sharing orders

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

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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.