Your pension and divorce 2025

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  1. Click ‘Get Form’ to open it in the editor.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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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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.
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.
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.
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.
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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