Our Consultant Solicitor Pauline O’Rourke considers how to share a pension in divorce proceedings.

One of the first questions I am often asked when advising on how to settle the finances on divorce is whether my client is entitled to a share of their spouse’s pension.

The answer is yes, although because pensions form part of the financial “pot” overall only part or even none of the pensions may end up being divided. One party for example may wish to keep the available capital or equity in the home as an offset against taking a share of the other’s pension i.e. a pension “offset”.

What pensions can be shared? Personal pension schemes, workplace schemes both past and present, and any additional state/contracted out schemes can all be shared. To receive a pension share, this must be included in a court order (the consent order on settlement) as this is sent by the court