When agreeing on the financial settlement aspects of a divorce or dissolution of a civil partnership, pensions mustn't be overlooked. Sue Hughes, Senior Lawyer at Peter Lynn and Partners highlights key considerations.
Pensions can have considerable value, and in many cases, there will be one party who wants to protect their pension pot and another who wants access to it as part of the settlement.
Generally, this matter is dealt with in one of three ways by the courts:
Pension Sharing
This is where you are given a percentage share of your former spouse/civil partner’s pension pot. The money that you get from the pension pot of your former spouse/civil partner is then legally treated as your money to be invested in a pension in your name.
Offsetting
This is where your claims in respect of your spouse/civil partner’s pension is offset against another asset e.g. the family home. This could mean that one spouse retains the home and the other the pension.
Pension earmarking
This is like a maintenance payment directly from one person’s pension pot to their former spouse/civil partner. Under this arrangement, money from your tax-free lump sum can also go to your former spouse/civil partner.
Pensions are complex and you must seek expert legal advice on the financial options available to you from a law firm with experience in marital finance matters.
At Peter Lynn and Partners Solicitors, we not only have one of the largest divorce & family law teams in the region, but we offer expert advice on pensions, asset splitting, investments, property, and financial orders and settlements.
For more information and to arrange a free initial appointment, contact Susan Hughes, a specialist in financial claims involving divorce/dissolution cases.
For more information and to arrange a free initial meeting, call 01792 450010 or email info@plandp.co.uk and click here for more
https://www.peterlynnandpartners.co.uk/divorce/
