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Pension sharing orders 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 a pension sharing order?

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

A pension sharing order is when your pension entitlements are separated by the courts (or by Minutes in Scotland), so you can each run your own pensions independently of each other, giving you a clean break.

However as the courts aim for an equal split of assets in divorce proceedings, they may decide to give some of your pension to your ex-partner, or vice versa, so each of you have an equal share.

The amount given is called a pension debit and the amount received is a pension credit. In England and Wales, the amount is expressed as a percentage of the cash equivalent transfer value (CETV) of the pensions, whereas in Scotland it can also be shown as a monetary amount. This is important as the value of the pension may change between the date of the separation and when the pension debit starts. 

If you're receiving the pension credit you will need to have a pension scheme that accepts these transfers or if possible, join the original pension scheme.

Benefits of a pension sharing order Drawbacks of a pension sharing order
  • It allows for a clean break and ensures that you both have some pension in retirement.
  • A share of the capital is provided, which may be needed to help one of you re-house or meet other immediate expenses (subject to being over normal minimum pension age and the pension not being in payment already).
  • The order is not affected by remarriage, death or other changes in circumstances.
  • One of you will see your future lump sum and retirement income reduced. 
  • The pension provider might have an implementation fee which could be greater than the benefits. 
  • If you're receiving the pension credit your options will depend on your ex-partner's scheme. For instance you might not be able to receive the pension until the date specified by the scheme.
  • The actual pension debit is not known until retirement.
  • It could be difficult to split some pensions. 
  • If you're a high earner receiving pension credit it will be tested against your pension lifetime allowance.

 

Pension sharing order FAQs

Does a pension sharing order affect my annual pension allowance?
What about pensions that are already paying out?

Other ways to divide your pension

Offsetting

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

Pension attachment/earmarking orders

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

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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.