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Pensions in divorce

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Pensions in Divorce

Pensions in Divorce

Divorce courts have the powers to make orders giving a share of one spouse’s pension to the other spouse.The most important of these powers is the Pension Sharing Order.  The recipient of a pension sharing order gains an independent right to the benefit of the pension share he or she has been awarded. The benefits acquired from the pension share will then be paid by a pension provider to the recipient of the pension sharing order without the ex-spouse being involved at all.

Pension sharing orders can only be obtained through the court process. An order can be obtained, whether by consent or otherwise, in Divorce or Dissolution of Civil Partnership proceedings. A pension sharing order provides for a specified percentage of the value of the pension  to be transferred to the other spouse.   Pension valuations do not always reflect the real value of a pension so it can sometimes be important to obtain a report from a specialist Actuary.

Pension sharing can produce complex issues. Melanie Craig is accredited by Resolution as a pensions expert and will be able to advise you fully on how best to protect your interests.

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