Kate Booth, solicitor and head of our Family & Matrimonial team, comments after new research revealed that divorced women typically have £53,160 less in pension savings than divorced men.

Women depart divorces with an average of £32,640 in pension savings, amounting to just 39% of the £85,800 retained by divorced men, according to the research from Mercer, now:pensions and the Pensions Policy Institute.

The findings also show a significant pension wealth gap among married couples, with men holding £111,540 and women’s average pension funds at just £43,656 – a difference of 61%.

Kate explains that the research, to be released in full in the 2026 Gender Pensions Gap report, should remind couples to make sure pension assets are properly considered in divorce settlements.

“When divorcing, most couples will have thought about what will happen with the family home, and how to divide joint accounts, but many do not consider their pensions following separation.

Pensions can make up a significant proportion of a family’s assets and can sometimes be more valuable than a property. However, because they won’t start to pay out until retirement, they are often overlooked.  

One spouse might find that they have received lower income over the course of the marriage, working part-time or taking on more of the childcare responsibilities.

Because of this, they might not have had as much opportunity as their partner to build up their own pension fund, leaving them in a significantly weaker position when they retire.   

It is important to be aware that all pensions – regardless of whose name they are in, or when they were built up – can be shared between separated spouses under a Pension Sharing Order made by the court on divorce.

It is important to make sure that both parties’ financial needs can be met in the future – this includes their need for income during retirement. 

A pension sharing order will transfer part of one spouse’s pension into a separate fund for the other, giving them their own source of income and enabling there to be a financial clean break.”

Contact us if you require assiatance with this matter.

Our experienced family lawyers can provide you with the divorce advice and representation you need to secure the right outcome for yourself and your family. We have a strong understanding of pension division in divorce, and we will discuss your circumstances in detail so that you have a clear picture of your options.

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For some this may not be a huge issue as any pensions you may have may be insignificant or may have been frozen years previous however, for others who have continued in their employment and particularly if they have public sector pensions such as with the NHS, Teachers Pension Scheme, the MOD (Military) or indeed the Police then those pensions can be extremely valuable. 

An important case dealing with this issue was decided in 2020 which has now paved the way as to how we approach this issue.  The case confirmed that setting aside the amount of a person’s Pension which accrued pre marriage or post marriage, is inconsistent with the way in which non matrimonial property is treated in divorce. Most divorce cases will be needs cases which means that the focus will be on the needs of both husband and wife rather than on arguments as to who contributed what. It is important therefore to appreciate that in needs  cases the timing and source of the pension savings is not necessarily relevant. What this means in simple terms is that in reality the whole of your pension could be taken into consideration and open to division between you and your ex-spouse regardless of when it was accumulated. Therefore, if you and your ex-spouse have been separated for 15 years but have not yet divorced then the amount of your pension which has built up over that 15 year period could also be open to division between you and your ex-spouse upon divorce.

In many cases that we deal with Pensions may be the largest asset or at least the second largest asset and for those who hold that Pension fund they can be extremely reluctant for any of that pension fund to be shared with their ex-spouse. It is therefore vital that individuals obtain legal advice as soon after the parties have separated as possible in order that they are aware of all of the implications.

For further advice on matrimonial assets, or any other family and matrimonial reated matters, please get in contact with our friendly, experience Family and Matrimonial team.

Article written by Natasha Aspinall.

The post Is there a timeframe in which my ex spouse can make a claim against my pension? appeared first on Brindley Twist Tafft & James.

Pensions can make up a significant proportion of a family’s assets and can be more valuable than a property.  However, because they may not become “active” until retirement, they are often overlooked.   

One spouse might find that as a result of lower income over the course of a marriage, part-time work or taking on the bulk of childcare responsibilities, they have not had as much opportunity as their partner to build up their own pension fund, leaving them in a significantly weaker position when they retire.    

It is important to be aware that all pensions – regardless of whose name they are in – can be shared between separated spouses under a Pension Sharing Order made by the court.   

Kate Booth, Head of Family Law says: “Pensions can be complex assets and different types of schemes may have different benefits. It is very important to make sure that you are fully aware of all pensions in both of your names and think about how these can help you to meet your needs after retirement. 

We work with clients to ensure that this is fully explored, and that the best possible outcome for them is achieved, both now and in the future.”

For further advice on pensions on divorce or any other matter please contact our friendly Family & Matrimonial team, who’s expertise runs across the full breadth of Family Law

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