When a couple divorces, financial settlements can be complex, and pensions are often one of the most significant assets to consider second only to property. Despite their importance, pensions are sometimes overlooked, leaving one party financially vulnerable in the future.
At Lund Bennett Law, we help individuals understand their rights and options when it comes to pension division, ensuring a fair and secure financial outcome.
How Are Pensions Divided in a Divorce?
Pensions are considered part of the marital assets, meaning they can be split between spouses as part of the financial settlement. There are several ways to do this, depending on individual circumstances:
1. Pension Sharing Order
A pension sharing order allows for a percentage of one spouse’s pension to be transferred to the other, creating a separate pension pot in their name. This ensures both parties retain control over their retirement funds and can make independent decisions about their future finances.
2. Pension Offsetting
Instead of splitting a pension, one spouse may receive a larger share of other assets, such as property or savings, to offset the value of the pension. This can be a preferred option when one party wishes to keep the pension intact while the other gains financial security through alternative means.
3. Pension Attachment (Earmarking) Order
This arrangement directs that a portion of the pension benefits be paid to the former spouse when the pension is accessed. However, this method has drawbacks, as it does not provide an immediate clean break and remains dependent on when the pension-holder chooses to retire.
Why Is Pension Division Important?
Many people focus on assets like the family home during a divorce, but pensions can be equally if not more valuable in the long term. Without proper consideration, one party may find themselves at a financial disadvantage in retirement. Seeking expert legal advice ensures that pensions are fairly assessed and divided in a way that protects both parties futures.
Understanding how pensions fit into your divorce settlement is crucial to securing financial stability. At Lund Bennett Law, we provide expert guidance to help you navigate pension division, ensuring a fair and practical outcome.
For personalised legal advice, contact us today on 0161 924 0079 or visit www.lundbennett.co.uk.
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