Am I entitled to my ex’s pension if we divorce?

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Facing divorce and feeling concerned about the looming prospect of splitting assets and finances?

Given pensions can be one of the most valuable matrimonial assets, it’s no wonder that many individuals turn to Google and ask: “Am I entitled to my husband’s pension if we divorce?” following a relationship breakdown.

To help you understand the value of a partner’s pension pot and how much you might be entitled to, the expert team of Freeman Jones Legal divorce solicitors can help.

Am I entitled to my husband’s pension if we divorce?

In most cases, you will be entitled to a share of your partner’s pension.

That is because pensions are matrimonial assets in the same way as any property, belongings, income, and savings are also considered shared assets.

However, this varies according to each individual case and there is no guarantee or automatic right that you will receive anything from your spouse’s or civil partner’s pension. For example, in some instances where both parties receive a similar pension, the sharing of the pensions are unlikely to even be discussed.

In other cases, often where one party has looked after the children or home and the other party has worked for a significant period of time, it’s more likely that the homemaker will pursue a share of the working spouse’s (typically more considerable) pension when faced with the prospect of divorce.

Ultimately, when it comes to determining whether you’re entitled to your ex’s pension and secondly, how much you’re entitled to, various factors must be taken into consideration.

According to Section 5 of the Matrimonial Causes Act 1973, these factors include the income or earning capacity, property, financial resources and needs, and presence of any physical or mental disabilities of both spouses.

While the courts will take into account other factors, pensions fall under the ‘financial resources’ consideration.

Am I entitled to husband’s pension after divorce?

Once the divorce has been finalised (with the issue of a decree absolute), you won’t be entitled to receive any other financial support from your ex-husband.

However, if you decide to simply separate without following through to a decree absolute, your ex-spouse or civil partner will be able to make a claim for your pension until your financial settlement has been resolved by a consent order.

Seeking professional divorce and pension advice?

Searching for a more personalised answer to ‘Am I entitled to my husband’s pension when we divorce’? The expert team of legal professionals at Freeman Jones Legal is just a call away, so please don’t hesitate to get in touch today to discuss your divorce and secure your financial future.

Our knowledgeable divorce solicitors have years of invaluable experience supporting clients through potentially stressful divorce proceedings. Well-versed in dispute resolution, mediation, and skilled negotiation, we’ll explore every legal avenue to help you achieve a favourable financial divorce settlement before suggesting court action.

In the event that court action is required to help you achieve a fair settlement, we’ll be on hand every step of the way to provide straightforward legal guidance. To find out more about our divorce services, please feel free to give us a call on 01244 506 444.

We also welcome enquiries sent to as well as those submitted to our team using our handy online contact form.

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Author Colin Freeman View Profile
Colin qualified as a solicitor in 1998. He specialises predominantly in family law, litigation / dispute resolution, wills, probate and settlement agreements and has notable cases reported in the Court of Appeal and High Court.
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