Can My Ex Claim My Pension in a Divorce?

Posted 03 Feb, 2026

Key Takeaways

• Yes, pensions can be divided in divorce — they are treated as matrimonial assets
• Pension sharing orders transfer a percentage of your pension to your ex-spouse permanently
• CETV (Cash Equivalent Transfer Value) is used to value pensions for divorce
• Failing to address pensions leaves you exposed to future claims

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Are pensions included in divorce settlements?

Yes. Pensions are treated as matrimonial assets and can be divided between spouses during divorce proceedings. For many couples, pensions are the second most valuable asset after the family home.

The court has the power to make orders affecting pensions, including:

• Pension sharing orders — transferring a percentage to your ex-spouse
• Pension attachment orders — requiring pension payments to be shared when drawn
• Pension offsetting — balancing pension value against other assets

What is a pension sharing order?

A pension sharing order transfers a percentage of your pension into your ex-spouse's name. Once the transfer is complete:

• That portion belongs entirely to your ex-spouse
• It is no longer connected to your pension
• Your ex-spouse can manage it independently
• Future growth on the transferred portion belongs to your ex-spouse

Pension sharing is often considered the cleanest way to divide pensions because it creates a complete separation.

How are pensions valued for divorce?

Pensions are typically valued using their Cash Equivalent Transfer Value (CETV). This is the amount your pension would be worth if transferred to another scheme.

Your pension provider must provide a CETV on request. For divorce purposes, the CETV should be dated within 12 months of financial proceedings.

Important: For defined benefit pensions (final salary schemes), the CETV may not fully reflect the pension's true value. These pensions provide guaranteed income for life, and the CETV calculation may understate this. Expert actuarial advice is often recommended for significant defined benefit pensions.

What pensions are included?

Pensions built up during the marriage are generally considered matrimonial assets and subject to division. However, the court takes a broad view of fairness and may consider:

• Pensions accrued before marriage
• Pensions accrued after separation
• The length of the marriage
• Each party's needs in retirement
• Other available assets

Long marriages typically see a more equal division of all pension assets, while shorter marriages may focus on pensions accrued during the relationship.

What is pension offsetting?

Pension offsetting allows one spouse to keep their pension in exchange for the other receiving a larger share of other assets.

Example: The husband has a pension worth £200,000. Instead of sharing the pension, the wife receives an additional £100,000 from the equity in the family home.

Offsetting can be simpler than pension sharing but requires careful calculation to ensure fairness. A pound in pension is not the same as a pound in cash due to:

• Tax treatment
• Access restrictions (minimum pension age)
• Investment growth potential
• Life expectancy considerations

What happens if we don't address pensions?

If you divorce without a financial order that deals with pensions, your ex-spouse can make a claim against your pension assets at any point in the future (unless they remarry).

This includes claims against:

• Pension growth after divorce
• Additional pension contributions
• Pension benefits when you retire

The only way to prevent future claims is to obtain a consent order or financial remedy order that explicitly deals with pensions — either by sharing, offsetting, or confirming a clean break.

How Endeavour Law can help

At Endeavour Law, we ensure pensions are properly considered as part of your financial settlement. We can help with:

• Requesting CETV valuations from pension providers
• Explaining pension sharing versus offsetting options
• Drafting pension sharing orders
• Negotiating fair settlements

Pensions are too valuable to ignore. Contact us to discuss your situation.