Protecting your pension in a divorce is vital to safeguarding your future. Pensions are often one of the biggest marital assets in the UK, and without the right legal steps, such as pension sharing or a financial order, they can be unfairly divided or left open to future claims. Getting expert legal advice early helps you secure a fair settlement and protect your retirement savings.
This guide explains how to safeguard your pension when you divorce.
Why It’s Important to Protect Your Pension
- Pensions are often a substantial marital asset that can be overlooked.
- Without proper legal protection, your former spouse may make a claim on your pension, even many years after divorce.
- The best way to prevent this is by including your pension in a legally binding financial agreement.
How Pensions Are Split in Divorce
Below is an overview of how pensions are typically handled in divorce cases in the UK.
| Topic | Typical Approach / Options | Notes |
|---|---|---|
| Starting point split | 50/50 between spouses | This is a common baseline but not guaranteed. |
| Unequal splits | 60/40, 70/30, or other ratios | Allowed when fairness requires it (e.g. income, marriage length). |
| Valuation & division methods | Pension sharing, offsetting, attachment (earmarking) | Each method has pros and cons; choice depends on your circumstances. |
| When pensions may not be split | If both pensions are similar value | Or if another asset swaps out the pension share. |
More on the Division Methods
- Pension sharing order: part of one person’s pension is legally transferred to the other spouse.
- Offsetting: one spouse keeps their pension but gives up or receives another asset (e.g. more of the home) to balance the total division.
- Attachment / earmarking: a share of pension payments is paid to the former spouse when the pension becomes payable.
Strategies to Protect Your Pension
Here are several key steps you should consider.
1. Negotiate alternative assets
You might trade off some other assets (e.g. property, savings) in exchange for keeping the full value of your pension.
2. Obtain a legally binding consent order
Once the court approves a financial agreement (consent order), your pension is shielded from future claims.
3. Full financial disclosure
Don’t hide pension assets or other financial interests. Failure to disclose can lead to penalties or legal consequences.
4. Ensure your agreement is fair
The court will review the fairness of the agreement before granting approval. If the agreement is unfair, the judge may refuse it.
After the Divorce: What Happens Next?
- Once the consent order or financial order is approved by a court, your pension should be protected against future claims.
- Without that legal protection, former partners may still bring claims on your pension, even many years later.
When Court Action Is Needed & How Courts Decide
- If parties cannot agree, a financial order may be sought via court.
- Courts use factors such as:
- Age and health of each spouse
- Income, earning capacity, and future needs
- Length of the marriage
- Contributions (financial and non-financial)
- Standard of living during marriage
- The court does not use a fixed formula. Instead, it aims to reach a fair outcome.
- The process may take 6–8 months, or longer if court intervention is required.
- Court fees (e.g. £275 for a financial order) and solicitor costs will also apply.
How we can help
Dividing pensions in a divorce can be complex, but you don’t have to navigate it alone. The experienced family law team at Freeman Jones Solicitors can guide you through every step — from pension valuation and full financial disclosure to securing a legally binding consent order that protects your future.
📞 Contact Freeman Jones Divorce Solicitors today to discuss your case and secure your financial future.
