Member Guide to Pensions and Divorce

For many people, pension rights are one of their most important and valuable assets.

Until 1996 the only way pension could be taken into account when couples were divorcing was to offset their value against the value of other financial assets in the divorce or nullity of marriage settlement.

Provisions brought into effect from 1 July 1996 (England and Wales), 19 August 1996 (Scotland) and from 1 December 2000 (all UK) allow divorcing couples two additional ways of taking their pension benefits into account. They are:

• Pension sharing
• Earmarking

This booklet gives general information about these provisions.

The right to offset the value of pension rights against the value of other financial assets in the divorce settlement still remains an option.

It should be noted earmarking can also be used in cases of judicial separation.

Disclaimer

This booklet gives general guidance only to assist scheme members who may be involved in divorce or nullity of marriage proceedings. It is not a full statement of the law which governs the scheme.

The Norfolk Pension Fund will provide information to you at various stages during the divorce or annulment proceedings.

Individuals should seek further information from their solicitors about the relevance of earmarking or pension sharing provisions in individual divorce or annulment proceedings.