Pensions and divorce: what are your options?

Pensions and divorce law have changed other the years and as divorce and separation are more common than ever and the rates keep on increasing, couples need information and advice on sharing their assets fairly and amicably.

As pensions can be a complicated area, they are sometimes the single asset that is the most overlooked and even when they are taken into consideration more often than not they aren’t split to the satisfaction of both parties.

When it comes to finding a solution that favours both parties the three main ways of sharing pension assets are:

• Sharing
• Offsetting
• Earmarking

Sharing

Pension sharing allows the parties to split the pension into two individual pensions upon the date of divorce.  Unlike Earmarking, this allows each party to retire when they want within the rules prescribed in the pension scheme.

Offsetting

Offsetting means that one partner’s pension is traded off against the other’s assets accumulated from the marriage, such as the home or investments etc, to try to give each party a fair share

Earmarking

This allows the parties to split the rights to the benefits of the pension when it becomes payable.  When the pension is due to pay out, it will pay both parties, with each party getting the percentage agreed upon in the divorce.

Pension sharing, however, is fast becoming the favourite option, as it is seen as a complete and clean break away from one another.

Please note each divorce situation is different, and as they can be a very complicated and emotive subject it is important that you seek guidance from both a solicitor and a qualified independent financial adviser to find out which of the above options may best suit your circumstances.

At Vines Legal, we can offer advice and help you through all aspects of divorce.  You can contact us today.