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19/1/2026
Author: Editorial
<div>Around 42% of marriages and civil partnerships in the UK end in divorce or dissolution. That’s an average of 100,000 every year.&nbsp;&nbsp;</div><div><br></div><p>If yours is one of them, then your Scheme pension is likely to be taken into account along with your other assets when any financial settlements are worked out.&nbsp;&nbsp;</p><div>A Court order can be made to transfer part of the value of your pension benefits during the divorce or dissolution proceedings. In this case your benefits in the Scheme will be reduced to provide benefits for your ex-spouse or ex-civil partner. We’ve answered some common questions about this below.&nbsp;&nbsp;</div><div><br></div><div>Your basic <a href="/pension-essentials/state-pension">State Pension </a>will not be shared if your marriage or civil partnership ends.&nbsp;</div><div><br></div><div>However, if you reached State Pension age before 6 April 2016, your ex-spouse or former civil partner could use your National Insurance contributions to increase their basic State Pension. This is only valid if they don’t remarry or enter a civil partnership before they reach their State Pension age.&nbsp;<span style="background-color: initial; font-family: inherit; font-size: inherit; text-align: inherit; text-transform: inherit; word-spacing: normal; caret-color: auto; white-space: inherit">&nbsp;</span></div><div><br></div><div>If you have a 'protected payment' from the additional State Pension, you may have to share this with your ex-spouse or former civil partner. However, they lose this right if they remarry or enter a civil partnership.&nbsp;</div><div><br></div><p>Please bear in mind that if you live in Scotland, only pensions built up during your marriage or civil partnership matter. This is different to the rest of the UK. &nbsp;</p><h4>How might my Scheme pension be shared out in divorce or dissolution?&nbsp;&nbsp;</h4><div>Typically, Courts tend to favour a Pension Sharing Order (PSO), but there are other options too. These are outlined below.&nbsp; &nbsp;</div><div><br></div><div><strong>Pension Sharing Order (PSO)&nbsp;</strong></div><div><br></div><div>With a PSO, a one-off payment, agreed by both parties and approved by the Court, is made from your pension to your ex-spouse or former civil partner at the time of divorce or ending of a civil partnership. This is taken off the total amount of your pension.&nbsp;&nbsp;</div><div><br></div><div>Your ex-spouse or former civil partner receives their share as soon as the order is finalised. Once this payment has been made, they will have no further claim to your pension. The amount they receive will need to be transferred to another pension arrangement.&nbsp;</div><div>&nbsp;</div><div>If your ex-spouse or former civil partner dies before you do, the pension debit will not be re-instated to you.&nbsp;</div><div><br></div><div><strong>Pension Offsetting&nbsp;</strong></div><div><br></div><div>With Pension Offsetting, you keep your pension assets to yourself in their entirety while something else of the same or similar value, such as property, is awarded to your ex-spouse or former civil partner. If your situation changes in the future and you re-marry or die, your offsetting agreement won’t be affected.&nbsp;</div><div><br></div><div><strong>Pension Attachment Order (Earmarking Order)&nbsp;</strong></div><div>&nbsp;</div><div>With an Earmarking Order an amount agreed by both parties and approved by the Court, will go to your ex-spouse or former civil partner when you start getting your pension. The amount could also include a portion of your lump sum death benefit and/or your retirement lump sum.&nbsp;&nbsp;</div><div><br></div><div>The payments will be made directly to your ex-spouse or former civil partner when you decide to take your benefits.&nbsp;&nbsp;</div><div>&nbsp;</div><div>If you die before you start receiving your pension, your ex-spouse or former civil partner will not get the share awarded to them. However, they may still receive some of the lump sum which could be paid out when you die.&nbsp;</div><div>&nbsp;</div><div>If your ex-spouse or former civil partner remarries, enters a new civil partnership or dies before you, they will no longer receive any of your pension payments awarded to them and it will be re-instated to you. However, they may still be entitled to a retirement lump sum.&nbsp;</div><div><br></div><h4>How will any Additional Voluntary Contributions (AVCs) be split? &nbsp;</h4><div><span style="background-color: initial; font-family: inherit; font-size: inherit; text-align: inherit; text-transform: inherit; word-spacing: normal; caret-color: auto; white-space: inherit">Any additional payments you've made to your pension, either via BRASS or AVC Extra, will be included in the calculations at the time of divorce. They will form part of the total amount of your pension that will be shared between you and your ex-spouse or former civil partner, unless the Court Order stipulates otherwise. &nbsp;</span></div><div><br></div><h4>What information does the Court need to make a decision? </h4><div>The Court will need details of your pension benefits. This comes in the form of a CETV (Cash Equivalent Transfer Value) for divorce purposes. It includes:&nbsp;</div><div><br></div><div><ul><li>the value of your pension and lump sum (or pension in payment if you have retired) </li><li>the value of your ex-partner's dependent pension </li><li>the value of your death after retirement lump sum </li><li>the amount of lump sum death benefit payable if you died in service </li><li>your period of membership&nbsp;</li></ul></div><div>You can request a CETV from the Scheme administrator, Railpen. They can share it with you, your Solicitor or the Court.&nbsp;&nbsp;</div><div><br></div><div>There is an administration fee of £300 (including VAT) for a CETV.&nbsp; &nbsp;</div><div><br></div><div>There is also a cost of £1,200 (including VAT) to implement any court order. The Court order will set out who pays this charge. In most cases, it’s taken out of pension benefits.&nbsp;</div><div><br></div><div>If you have pension benefits in more than one section of the RPS, these charges will apply to each separate section.   &nbsp;</div><div><br></div><h4>How long does the process take?&nbsp;</h4><div>It can take up to 4 months to process a Court order on your pension as the result of a divorce or dissolution of a civil partnership.&nbsp;</div><div>&nbsp;</div><div>You can find more details about the steps involved in the <a target="_blank" href="https://cdn3.railpen.com/mp-sitefinity-prod/docs/default-source/divorce-process-timeline/rps-divorce_swimlane-june-25.pdf?sfvrsn=8ec0ef4e_6">divorce process timeline</a>.&nbsp;&nbsp;</div><div><br></div><h4>What if I’m already taking my benefits?&nbsp;</h4><div>If you’re already taking your benefits, then the Court will still share your pension in one of the three ways outlined above.&nbsp;&nbsp;</div><div>&nbsp;</div><div>It will be based on the value of your pension in payment. It will not include any lump sum you have already taken, or you are yet to receive, or any pension payments you have gotten already.&nbsp;&nbsp;<span style="background-color: initial; font-family: inherit; font-size: inherit; text-align: inherit; text-transform: inherit; word-spacing: normal; caret-color: auto; white-space: inherit">&nbsp;</span></div><div><br></div><div><p>The sharing of pensions in this situation can be complex and you may want to seek professional advice from a solicitor, actuary or Independent Financial Advisor.&nbsp;<span style="background-color: initial; font-family: inherit; font-size: inherit; text-align: inherit; text-transform: inherit; word-spacing: normal; caret-color: auto; white-space: inherit">&nbsp;</span></p><h4><span style="background-color: initial; font-family: inherit; font-size: inherit; text-align: inherit; text-transform: inherit; word-spacing: normal; caret-color: auto; white-space: inherit"></span>Where can I find out more?&nbsp;&nbsp;</h4></div><div>You can learn more about the options, process and charges in the ‘<a target="_blank" href="https://cdn3.railpen.com/mp-sitefinity-prod/docs/default-source/rayn/guides-for-db-members---active-and-preserved/guide-on-divorce.pdf?sfvrsn=38707e6f_15">Guide for members on divorce and dissolution</a>’&nbsp;<span style="background-color: initial; font-family: inherit; font-size: inherit; text-align: inherit; text-transform: inherit; word-spacing: normal; caret-color: auto; white-space: inherit">&nbsp;</span></div><div><br></div><div>If you need further support, please get in touch, or try one of the services listed below.&nbsp;&nbsp;</div><div>&nbsp;</div><div><strong>MoneyHelper&nbsp;&nbsp;</strong></div><div>Government-backed MoneyHelper offers free support and guidance on a wide range of financial matters, online and over the phone. <a href="https://www.moneyhelper.org.uk/en/pensions-and-retirement/pension-problems/split-pensions-in-a-divorce-or-dissolution" target="_blank" data-sf-ec-immutable="">There is a dedicated area of their website that provides support with divorce and dissolution</a>. &nbsp;<span style="background-color: initial; font-family: inherit; font-size: inherit; text-align: inherit; text-transform: inherit; word-spacing: normal; caret-color: auto; white-space: inherit">&nbsp;</span></div><div><br></div><div><strong>Unbiased&nbsp;&nbsp;</strong></div><div>An Independent Financial Adviser (IFA) will help you understand your pension, the options available and how to manage your finances. <a href="https://www.unbiased.co.uk/" target="_blank" data-sf-ec-immutable="">You can find a register of IFAs on the Unbiased website</a>. &nbsp;<span style="background-color: initial; font-family: inherit; font-size: inherit; text-align: inherit; text-transform: inherit; word-spacing: normal; caret-color: auto; white-space: inherit">&nbsp;</span></div><div><br></div><div><strong>Gov.uk&nbsp;</strong></div><div><p>The &nbsp;<a href="https://www.gov.uk/" target="_blank" data-sf-ec-immutable="">government website</a>  offers clear information on a wide range of financial issues. <a href="https://www.gov.uk/check-state-pension" target="_blank" data-sf-ec-immutable="">You can also use it to check your State Pension forecast</a>.&nbsp;&nbsp;</p><p>&nbsp;</p></div>
Blog

Divorce and your pension

What happens to your pension with divorce or the dissolution of a civil partnership?
Around 42% of marriages and civil partnerships in the UK end in divorce or dissolution. That’s an average of 100,000 every year.  

If yours is one of them, then your Scheme pension is likely to be taken into account along with your other assets when any financial settlements are worked out.  

A Court order can be made to transfer part of the value of your pension benefits during the divorce or dissolution proceedings. In this case your benefits in the Scheme will be reduced to provide benefits for your ex-spouse or ex-civil partner. We’ve answered some common questions about this below.  

Your basic State Pension will not be shared if your marriage or civil partnership ends. 

However, if you reached State Pension age before 6 April 2016, your ex-spouse or former civil partner could use your National Insurance contributions to increase their basic State Pension. This is only valid if they don’t remarry or enter a civil partnership before they reach their State Pension age.  

If you have a 'protected payment' from the additional State Pension, you may have to share this with your ex-spouse or former civil partner. However, they lose this right if they remarry or enter a civil partnership. 

Please bear in mind that if you live in Scotland, only pensions built up during your marriage or civil partnership matter. This is different to the rest of the UK.  

How might my Scheme pension be shared out in divorce or dissolution?  

Typically, Courts tend to favour a Pension Sharing Order (PSO), but there are other options too. These are outlined below.   

Pension Sharing Order (PSO) 

With a PSO, a one-off payment, agreed by both parties and approved by the Court, is made from your pension to your ex-spouse or former civil partner at the time of divorce or ending of a civil partnership. This is taken off the total amount of your pension.  

Your ex-spouse or former civil partner receives their share as soon as the order is finalised. Once this payment has been made, they will have no further claim to your pension. The amount they receive will need to be transferred to another pension arrangement. 
 
If your ex-spouse or former civil partner dies before you do, the pension debit will not be re-instated to you. 

Pension Offsetting 

With Pension Offsetting, you keep your pension assets to yourself in their entirety while something else of the same or similar value, such as property, is awarded to your ex-spouse or former civil partner. If your situation changes in the future and you re-marry or die, your offsetting agreement won’t be affected. 

Pension Attachment Order (Earmarking Order) 
 
With an Earmarking Order an amount agreed by both parties and approved by the Court, will go to your ex-spouse or former civil partner when you start getting your pension. The amount could also include a portion of your lump sum death benefit and/or your retirement lump sum.  

The payments will be made directly to your ex-spouse or former civil partner when you decide to take your benefits.  
 
If you die before you start receiving your pension, your ex-spouse or former civil partner will not get the share awarded to them. However, they may still receive some of the lump sum which could be paid out when you die. 
 
If your ex-spouse or former civil partner remarries, enters a new civil partnership or dies before you, they will no longer receive any of your pension payments awarded to them and it will be re-instated to you. However, they may still be entitled to a retirement lump sum. 

How will any Additional Voluntary Contributions (AVCs) be split?  

Any additional payments you've made to your pension, either via BRASS or AVC Extra, will be included in the calculations at the time of divorce. They will form part of the total amount of your pension that will be shared between you and your ex-spouse or former civil partner, unless the Court Order stipulates otherwise.  

What information does the Court need to make a decision? 

The Court will need details of your pension benefits. This comes in the form of a CETV (Cash Equivalent Transfer Value) for divorce purposes. It includes: 

  • the value of your pension and lump sum (or pension in payment if you have retired)
  • the value of your ex-partner's dependent pension
  • the value of your death after retirement lump sum
  • the amount of lump sum death benefit payable if you died in service
  • your period of membership 
You can request a CETV from the Scheme administrator, Railpen. They can share it with you, your Solicitor or the Court.  

There is an administration fee of £300 (including VAT) for a CETV.   

There is also a cost of £1,200 (including VAT) to implement any court order. The Court order will set out who pays this charge. In most cases, it’s taken out of pension benefits. 

If you have pension benefits in more than one section of the RPS, these charges will apply to each separate section.    

How long does the process take? 

It can take up to 4 months to process a Court order on your pension as the result of a divorce or dissolution of a civil partnership. 
 
You can find more details about the steps involved in the divorce process timeline.  

What if I’m already taking my benefits? 

If you’re already taking your benefits, then the Court will still share your pension in one of the three ways outlined above.  
 
It will be based on the value of your pension in payment. It will not include any lump sum you have already taken, or you are yet to receive, or any pension payments you have gotten already.   

The sharing of pensions in this situation can be complex and you may want to seek professional advice from a solicitor, actuary or Independent Financial Advisor.  

Where can I find out more?  

You can learn more about the options, process and charges in the ‘Guide for members on divorce and dissolution’  

If you need further support, please get in touch, or try one of the services listed below.  
 
MoneyHelper  
Government-backed MoneyHelper offers free support and guidance on a wide range of financial matters, online and over the phone. There is a dedicated area of their website that provides support with divorce and dissolution.   

Unbiased  
An Independent Financial Adviser (IFA) will help you understand your pension, the options available and how to manage your finances. You can find a register of IFAs on the Unbiased website.   

Gov.uk 

The  government website  offers clear information on a wide range of financial issues. You can also use it to check your State Pension forecast.  

 

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