A pension on divorce is not split automatically, but it normally counts in the settlement, and it can be shared, offset against other assets or earmarked.

If you are working out what happens to your pension when you divorce, the short version is that pensions are treated as part of the money you and your spouse have to sort out, and they can be worth a great deal. This guide sets out the general position in the UK, the three ways a pension can be divided, and what to weigh before you agree anything. It cannot tell you what your pension is worth or what a fair split looks like. Where your own position is involved, an FCA-authorised adviser can review your pensions, tax and retirement plans together in one conversation. An introduction to one starts with the form on this page; it is free and takes a minute or two. Legal advice on the divorce itself is separate, and comes from a solicitor.

What happens to a pension when you divorce

MoneyHelper, the government-backed free guidance service, is blunt about the starting point: "You do not have to split or share your pensions when you separate. You also do not have an automatic right to claim some of your ex-partner’s pension." It adds that pensions are "often worth more than you realise", so they "should be added to the calculations when deciding how best to split everything" (MoneyHelper, How to split pensions in a divorce or dissolution, snapshot of 25 March 2026).

In practice there are three possible outcomes for each pension:

  • It is shared. A slice of the value is moved into the other person's name (pension sharing).
  • It stays put, with a claim on the income later. The other person is paid a share when the pension starts paying out (pension attachment, also called earmarking).
  • It is kept whole and set against other assets. One person keeps the pension and the other takes something else of similar value, such as more of the home or savings (pension offsetting).

You can usually choose to use one or more of these. The sibling guides cover them in detail: what a pension sharing order is, sharing compared with earmarking and offsetting.

An agreement between the two of you is not binding on its own. GOV.UK explains that you need to draft a consent order and ask a court to approve it, and that "if your agreement is not legally binding, a court cannot enforce it if there are any issues later" (GOV.UK, Apply for a consent order, accessed 17 October 2026).

Is a pension part of the divorce settlement?

In England and Wales, the Matrimonial Causes Act 1973 tells the court to have regard to pension benefits. Section 25B lists among the matters the court considers any benefits under a pension arrangement that a party "has or is likely to have", and those the person will lose the chance of acquiring because the marriage has ended (legislation.gov.uk, Matrimonial Causes Act 1973, section 25B). MoneyHelper puts the idea in plain terms: a pension is "a joint asset like anything else", and while you may not have paid into your spouse's pension directly, you "likely contributed in other ways", for example by caring for the family or home while your partner kept working. That does not mean an even split: pensions "do not always need to be shared equally".

If you cannot agree, GOV.UK says a court can make a financial order, basing its decision on how long you have been married or in a civil partnership and on factors including your age, ability to earn, financial needs and responsibilities, and your role in looking after the family (GOV.UK, Get the court to decide). "The reason for the divorce or dissolution is not taken into account," it adds, and the judge "will usually try to arrange a ‘clean break’". Pension sharing gives that kind of clean break, because you each own a separate part of the pension.

  • Mediation first. You must attend a meeting about mediation before you can apply to the court to decide, except in certain cases such as domestic abuse.
  • Timing. GOV.UK says it is usually simpler to ask for approval before you get your final order or decree absolute, because "if you ask after this, there may be financial consequences, particularly for pensions". If it has already been made, see applying for a pension sharing order after decree absolute.

How a pension is valued for divorce

To divide a pension you need to know what it is worth. MoneyHelper says to ask each pension provider for a cash equivalent transfer value, usually shortened to CETV, "for divorce or dissolution purposes". It can take up to three months to arrive and, it says, "will be valid in a Court for up to one year after it’s issued". You might have to pay if you ask for more than one in a 12-month period, or if the pension is already paying out. The request is covered in how to get a pension valuation for divorce.

The Welfare Reform and Pensions Act 1999 shows why the CETV matters: where a pension sharing order sets a percentage, the amount moved is that percentage of the cash equivalent of the relevant benefits on a valuation day (legislation.gov.uk, Welfare Reform and Pensions Act 1999, section 29).

A CETV is a starting point rather than the whole story. MoneyHelper points out that pension providers "might also use different calculations to value your pensions", which makes comparisons with other things you own more complicated. A pensions on divorce expert (PODE) can help: you can consider paying for one "to create a detailed pension report for you", a solicitor can ask one to examine all your pensions, and a court can ask one to value them. "It’s a good idea to get advice from a solicitor (and sometimes a financial adviser or actuary as well). This will make sure the pension is valued and divided correctly."

For how a defined benefit pension works, see our final salary pension guide; the scheme guides cover the NHS, teachers', civil service and local government pensions. For a defined contribution pot such as a SIPP, see what happens to a SIPP or private pension on divorce.

The three ways to divide a pension

Pension sharing

Pension sharing divides the combined value of your pensions between you based on an agreed percentage. In law, a pension sharing order is one that provides for one party's shareable pension rights to be subject to pension sharing for the benefit of the other party, and "specifies the percentage value to be transferred" (legislation.gov.uk, Matrimonial Causes Act 1973, section 21A). The agreed portion becomes a pension credit, moved from one person's name to the other for a fee. MoneyHelper says someone who receives a pension credit can usually choose to take up to 25% as a tax-free lump sum, unless the pension has already started paying an income or other conditions apply; see tax-free cash from a pension received through sharing. Timing and costs have their own guides: how long it takes and what it costs.

Pension attachment (earmarking)

With attachment, you each keep your own pension where it is. Section 25B allows an order requiring the scheme to make a payment for the other party when a payment becomes due to the member, expressed as a percentage of that payment; it cannot be used on a pension that is the subject of a pension sharing order. In MoneyHelper's words, a condition is added "that your ex-partner will get an agreed share when it starts to pay out", and there are catches: the order only starts when money is taken from the pension, which is usually the decision of the person whose name it is in, and "there’s no guarantee any money will be paid out". It typically ends if the ex-partner marries someone else or if either partner dies, unless it includes death benefits, and the person receiving the share "cannot decide how and when the pension will pay out". It also says you will normally pay Income Tax on both shares, so your ex-partner receives their part tax-free, which may mean changing the way you split the pension so each of you gets the amount you expect. See sharing compared with earmarking.

Pension offsetting

Offsetting means you each keep your pensions and divide the other things you own differently, so the overall result is fair. MoneyHelper's example is one person keeping their pension while the other keeps the home, if they are of similar value. On the upside, it says offsetting orders "aren’t affected by remarriage or death", it can suit overseas pensions, which cannot be shared under a UK court order, and if the pension is small a sharing order could be expensive and might not be cost-effective. The downsides are real: it is "not easy to calculate how your pensions compare to other things you own", you might wait years to reach your pension and then pay Income Tax on it, and "one person might be left with little or no provision for retirement." See how pension offsetting works.

Which of the three suits a couple depends on ages, the size of each pension, other assets, children, health and plans for retirement. This is where your own numbers matter most, and where an FCA-authorised adviser can set out how each option would leave your retirement income looking. If that would help, the form on this page will pass your details to one. The adviser cannot give legal advice on the divorce; that is for your solicitor.

State Pension, overseas pensions and death benefits

The State Pension follows its own rules. GOV.UK says the court can consider whether your State Pension, or part of it, is a financial asset that can be shared through a pension sharing order, and that both people complete a separate form (the BR20) to get a valuation to help the court (GOV.UK, State Pension: valuation on divorce or dissolution). MoneyHelper sets out two cases. If you reached State Pension age before 6 April 2016, the basic State Pension cannot be split, but any Additional State Pension can be shared. If you reached it after 5 April 2016, the new State Pension "can’t be shared if your marriage or civil partnership ends", but where someone gets more than the new State Pension because of Additional State Pension built up under the old system (a "protected payment"), "a court could decide that this payment is eligible for sharing". See your State Pension after divorce and our State Pension guide.

Overseas pensions. MoneyHelper says a pension based outside the UK "cannot be shared under a UK court order but can still be counted to calculate a fair split of your assets".

Death benefits and beneficiaries. Each scheme has its own rules on who gets death benefits. MoneyHelper says that if a couple have not legally divorced, the member's spouse might still be entitled to a pension when the member dies. An expression of wish form tells your provider who you would like to inherit your pension or death benefits, and "it’s a good idea to regularly review this, especially after life changes like a divorce or dissolution." If you have a will, it is also worth making sure it is updated. See survivor benefits after divorce and our pension death benefits guide.

Divorcing after you have retired. MoneyHelper says pensions are treated "slightly differently" than if you separate before retiring, and that it is "best to get financial advice as this is a complicated area". See sharing a pension that is already paying out.

Pension built up before the marriage. In England and Wales, section 25B refers to any pension benefits a party "has or is likely to have", with no marriage-years limit in its wording; how a court weighs pension built up before the marriage is a question for a solicitor. Scotland is different.

Pensions on divorce in Scotland

This guide is mainly written for England and Wales. GOV.UK says there are different options in Scotland and in Northern Ireland. The Scottish position, as MoneyHelper and the Family Law (Scotland) Act 1985 set it out, differs in these ways.

  • Only the marriage years count. MoneyHelper says "In Scotland, only the pension that was built up during marriage or the civil partnership is taken into account." The Act matches this: the proportion of pension benefits "referable to the period" of the marriage up to the relevant date forms part of the matrimonial property (legislation.gov.uk, Family Law (Scotland) Act 1985, section 10). The relevant date is the earlier of the date the couple ceased to cohabit and the date the divorce summons was served, with exceptions set out in the section. The net value is shared fairly "when it is shared equally or in such other proportions as are justified by special circumstances".
  • Valuation reflects the length of the marriage. A Scottish provider needs to know how long the marriage lasted; with the pension held for 10 years and a marriage of five, only half the value will usually count.
  • Different order names and routes. MoneyHelper says Scottish pension sharing uses a fixed amount rather than a percentage, attachment orders can cover only lump sums (called pension lump sum orders), and a sharing order can often be finalised by adding a written copy of the agreement to the Register of Deeds. When you ask providers to make the changes, all the documents they need must be sent within two months, "or you might have to start the process again". The Act lists a pension sharing order among the orders a court can make (section 8).

See pensions on divorce in Scotland and Northern Ireland. A solicitor in Northern Ireland can explain how the options there differ.

Who can help, and what to do after the order

  • MoneyHelper offers free, impartial guidance, including a pensions and divorce appointment with one of its pension specialists.
  • A mediator can help you reach an agreement but cannot offer advice or take sides.
  • A solicitor gives legal advice and can draft the consent order.
  • A pensions on divorce expert values and reports on pensions when the valuation is complicated; see when you might need one.
  • An FCA-authorised adviser can look at what the outcome means for your retirement income, alongside your other pots, State Pension and tax. MoneyHelper treats financial advice as separate from legal advice, and says valuing and splitting pensions can be complicated enough to consider paying for both.

Once a court has made your agreement legally binding, MoneyHelper says you should be told the date the final orders start from, usually after the divorce has been granted. You then ask your pension providers to make the changes; once they have everything and their fees, they have four months to act. If something goes wrong, see how to enforce a pension sharing order; for getting one made, how to get a pension sharing order.

Then take stock: it is a good idea to check how much you are now on track to get and whether you can afford to save more. If you have received a share of a pension, you may need to decide where it is held; our guides to transferring a pension, drawdown, annuities and how much you may need to retire comfortably are the next reads. If you would like an FCA-authorised adviser to go through your new position, you can send a request using the form on this page.

Frequently asked questions

Do I have to share my pension with my ex-spouse on divorce?

No, and neither of you has an automatic right to the other's. But pensions are normally included when everything is divided, and a court can decide if you cannot agree.

What is a CETV and how is it used in a divorce?

The cash equivalent transfer value is the provider's figure for what a pension is worth for divorce purposes, and, under the Welfare Reform and Pensions Act 1999, the base a sharing percentage is applied to. See how to request one.

Can I change the beneficiary of my pension after a divorce?

MoneyHelper suggests reviewing your expression of wish form after a divorce, and says to contact your pension provider to check who is listed and make changes. A will is a separate document it also suggests updating.

Is a final salary pension treated differently on divorce?

Not in the options: MoneyHelper describes the same three for all pensions. The difference is in the valuation, since providers "might also use different calculations", which is why it suggests a pensions on divorce expert, and sometimes an actuary, for a fair value. Some public-sector schemes have their own guides, such as the NHS and teachers' pensions.

Where can I get official guidance on pensions and divorce?

MoneyHelper has a guide on splitting pensions in a divorce and a free pensions and divorce appointment. GOV.UK covers money and property when you divorce, including the consent order, the court route and the BR20 State Pension valuation form.

This guide is general information, not advice.

Sources