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Divorce and pensions can be a complicated area of the law and, as such, early legal intervention is recommended. When you are dividing your finances as part of a divorce settlement, pensions are often significant assets.
Divorce and pensions can be a complicated area of the law and, as such, early legal intervention is recommended. When you are dividing your finances as part of a divorce settlement, pensions are often significant assets, including private pensions, state pensions and other long-term savings
Our specialist pension solicitors can assist you to make arrangements for your pension pot during divorce, so that you can swiftly reach a fair financial settlement. We’ve supported many clients with complex finances, including substantial pension funds and pension benefits to organise their pensions as part of divorce proceedings.
Our divorce lawyers offer professional advice on protecting your pension, settling disputes and guiding you through legally binding options for dividing pensions. These options may include:
If you’re looking for legal advice about pensions on divorce, including how to achieve a clean break, contact our expert lawyers today.
Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian, Shetland or Orkney, or fill in our enquiry form to request a call back.
Pension sharing refers to a formal, legally binding agreement used to split pension assets when a couple are getting divorced or dissolving their civil partnership.
If a court decides, it will calculate what each spouse is entitled to and create a pension sharing order. Subject to pension scheme rules, the recipient can transfer funds into a new scheme or join the existing one. Public sector pensions have specific rules under pension law. Generally, a pension sharing order will state that a certain amount of one spouse’s pension should be transferred to the other. Public sector pensions are subject to specific rules on this.
Our solicitors at Anderson Strathern can offer comprehensive advice on pension sharing on divorce, educating you as to the best options for your situation.
Pension offsetting means one spouse waives rights to the other’s pension in exchange for a larger share of another asset, such as the family home. This option can help you retain your pension pot while achieving a fair settlement.
Our legal team can offer detailed advice on pension offsetting, tailored to your case, so that you can understand your options and make an informed decision.
If you wish to protect your pension, it’s advisable to get legal support from a divorce and pensions solicitor.
An expert lawyer will be able to talk you through the various options for protecting your pension, for example, pension sharing and pension offsetting. Whether done by agreement or a court order with detailed financial provision, once concluded, the financial a settlement, determines how all marital assets will be shared and ensures that your spouse cannot make further claims against your pension in the future.
If you do not wish for your ex-spouse to receive a portion of your pension, offsetting is a useful option. This allows you to keep all of your pension so long as you are happy for your spouse to receive a larger portion of a different marital asset.
How much of your spouse’s pension you will be entitled to depends on the financial circumstances of both parties and what is considered to be a fair settlement in your case.
Our expert divorce solicitors at Anderson Strathern can assess your situation and provide a clearer idea of your options and what you could be entitled to.
When dividing pensions during divorce, the hypothetical starting point is an equal split but there are a number of factors to be considered in order to achieve a fair split.
Various factors are taken into account when reaching a settlement or court order, including:
You cannot claim your spouse’s pension after the divorce, regardless of whether you remarry. A divorce order in Scotland ends any financial ties between the couple except as ordered by the court. The order prevents either former spouse from raising a financial claim against the other later down the line.
Our highly experienced team of solicitors in Scotland have established strong expertise in divorce and pensions, having previously worked with a range of clients in a wide range of complex circumstances.
No matter your situation, we can support you with robust and sensitive guidance. Our expertise and dedication have established us as a well-respected firm within the community.
We are ranked by the Legal 500 for our Family Law expertise and by Chambers & Partners for our expertise with Private Wealth Law. This offers independent assurance of the high quality of our services for people dealing with divorce and pension matters.
We take pride in helping our clients to resolve their family law matters as smoothly as possible, affording them the knowledge that their personal matters and finances are protected.
If you’re looking for legal advice about pensions on divorce, please get in touch with our expert solicitors today.
Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian, Shetland or Orkney, or fill in our enquiry form to request a call back.
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