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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.
Our specialist solicitors can assist you to make arrangements for your pension during divorce, so that you can swiftly reach a fair financial settlement. We’ve supported many clients to organise their pensions as part of divorce proceedings, including those with high value and complex finances.
Our divorce lawyers can offer advice on protecting your pension, help you to settle pension disputes and provide guidance with the most appropriate options for dividing your pension. Such options may include:
If you’re looking for legal advice about pensions on divorce, please get in touch with our expert lawyers today.
Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian or Shetland, or fill in our enquiry form at the bottom of the page to request a call back.
Pension sharing refers to a formal agreement used to split pension assets when a couple are getting divorced or dissolving their civil partnership. This can be decided voluntarily between the couple or by a court.
If you need a court to decide, then the court will calculate what each spouse is rightfully entitled to and create a pension sharing order. Generally, a pension sharing order will state that a certain amount of one spouse’s pension should be transferred to the other.
Subject to the specific pension scheme rules, the party who receives a portion of their spouse’s pension can place the funds into a pension scheme with a new pension provider or join the existing pension scheme if internal transfers are permitted. 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 that one spouse waives the right to the other spouse’s pension and instead receives a larger portion of a different asset. For instance, one spouse might get a more significant share of the family home.
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.
Attachment orders are not as common as pension offsetting or pension sharing; regardless, our solicitors can offer advice and support with this option should you require it.
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 or Shetland, or fill in our enquiry form at the bottom of the page to request a call back.
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