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Your pension and divorce

Your pension and divorce 2025

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The document outlines the implications of divorce on pension benefits, specifically within the context of the Diageo Pension Scheme. It explains that pension benefits are considered in divorce settlements to prevent financial hardship for spouses who may have sacrificed their careers. The document details options available to courts, including pension sharing, earmarking, and offsetting, and describes how pension values are calculated differently under Scottish and English law. It also provides information on fees associated with obtaining transfer values and emphasizes the importance of involving legal counsel during divorce proceedings.

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Click ‘Get Form’ to open it in the editor.
Begin by entering your personal details in the designated fields, including your name, address, and contact information. This ensures that all correspondence regarding your pension is directed to you.
Next, provide information about your marriage date and any relevant dates for the transfer value calculation if divorcing under Scottish law. This is crucial for accurate pension valuation.
In the section regarding pension sharing, indicate whether a court has made a pension sharing order. If so, include details of the transfer value offered to your ex-spouse.
Review any additional sections related to charges for providing information or administration fees. Ensure you understand these costs as they may impact your financial planning.
Finally, save your completed form and share it directly from our platform for free with relevant parties or print it for submission.

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Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Will my wife get half of my pension?

Depending on your states laws, marital assets are usually divided equally between spouses in a divorce. Therefore, pension funds that qualify as marital property are usually split evenly between divorcing spouses. The exception to this rule would be if you have a valid prenuptial agreement in place.

How does a pension get split in divorce?

Pensions are considered marital property when accrued during the marriage. This means they are subject to division. Typically, the marital portion is calculated, and for a 20-year marriage, that portion is divided equally.

Do I have to split my pension with my ex?

While a pension can be divvied up between spouses during divorce, that division isnt automatic. Your soon-to-be ex would have to make a specific request for a share of whatever youve accumulated before the divorce is finalized.

Can an ex-wife claim my pension after divorce?

No. The divorce court can award retirement benefits as part of the divorce. However, if the pension was earned prior to marriage, it is not considered marital property, so it is generally awarded to the earning party. It is regarded as an income source, so it can be utilized to determine spousal support.

How does a pension get split in a divorce?

If the pension plan used is a defined benefit (DB) plan, the value of the pension is first calculated, with each portion being allocated according to your provincial laws. However, if the plan used is a defined contribution plan (DC), then the account balance is simply divided equally between you and your partner.

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