A pension on divorce expert (PODE) values your pensions for a divorce. Courts look for one when pensions are large or complex, rarely for small ones.

Whether you need a pension on divorce expert turns mostly on the size and type of the pensions. The guidance used in the family courts of England and Wales draws its rough lines at £100,000 and £200,000, set out below with what a report costs and how to find one. Not sure where your pensions fall? Pop your number into the enquiry form here and you will get a no-fee call from an FCA-authorised adviser.

What is a pension on divorce expert (PODE)?

A pension on divorce expert is a specialist who works out what pensions are worth for a divorce and reports on how they might be divided. That goes beyond the cash equivalent transfer value (CETV) your provider quotes, which how to get a pension valuation for divorce explains. MoneyHelper suggests considering one so that your pensions are valued fairly, with a detailed report written for you.

Usually one expert writes one report for both of you. The Pension Advisory Group (PAG) guide to pensions on divorce says a PODE "should normally be instructed by both parties as a Single Joint Expert (SJE)", and AdviceNow adds that this expert "must be impartial when acting for both of you". The report is also not only for contested cases: the same guide says an expert can still be of real use where there are no court proceedings.

The reason it matters is that the figure on a statement can mislead. For defined benefit pensions, the PAG guide warns, cash equivalents "often undervalue the actual benefits which the pension holder will receive". How sharing orders work is covered in what is a pension sharing order, and the options in pensions on divorce.

When do courts use a pension on divorce expert?

In a contested case a court expects a PODE report only where it is needed: the test in the PAG guide is that the instruction must be "‘necessary’ to assist the court to resolve the proceedings". The guide, the second edition of 2024, is supported by the Family Justice Council, and the President of the Family Division wrote that he would "commend it to all judges and practitioners as formal guidance to be applied when any issue regarding a pension falls to be determined in Financial Remedy proceedings". It is guidance for judges and lawyers rather than a statute, and it covers England and Wales.

Its rough lines are measured by cash equivalent (CE):

  • Small pensions. "Where combined pension assets are below £100,000 (measured by CE) a PODE report will rarely be justified." The guide adds that older policies with guarantees, such as a guaranteed annuity rate, can yield far more than a CE under £100,000 suggests.
  • Defined benefit pensions. In a needs case, above £200,000 of CE "it would usually be the case that a PODE report will be necessary". Between £100,000 and £200,000 of combined CE the need depends on the facts and the complexity of the arrangements.
  • Uniformed services. Where one of you has an Armed Forces or Police pension, the guide says equal division of the CE "can lead to very unexpected outcomes and such cases will require PODE input"; see armed forces pensions on divorce and police pensions on divorce.
  • Serious illness. Where one of you has a serious medical condition, the provider may offer an enhanced pension, and the guide says an expert can help with that.
  • Offsetting. Expert advice may be needed, or at least worth having, when offsetting is on the table, particularly against a defined benefit pension; see pension offsetting.

A judge decides on the facts; the guide lists further situations beyond these.

Do I need a pension on divorce expert if we agree without court?

Without proceedings no court is asking, so the decision is yours, and the guide is clear that a report is not confined to contested cases. AdviceNow, a charity guide the Family Justice Council has endorsed, says that if the cash equivalents of all your pensions add up to more than £100,000, "particularly if any are defined benefit pensions, you may need expert help". The PAG guide's own argument is about proportion: guessing at a pension's value to save the fairly modest cost of a report can cost either of you far more if the guess is wrong.

If you are unsure, a smaller step exists. The PAG guide suggests that "preliminary advice from a suitably qualified financial adviser on whether a PODE report may be necessary or of value" can save time and costs later, and AdviceNow notes that some advisers who specialise in pensions on divorce will review your situation quickly before you commit to fees. Or use the brief form on this page for a return call; the person who phones is an FCA-authorised adviser, and it costs nothing.

One trap: if you hire an expert alone, without a lawyer or without your ex's agreement, and the case later reaches court, AdviceNow says "you will not be allowed to use it in court unless the court gives you permission". Agree the appointment first.

How much does a pension on divorce expert cost?

As a rough guide, AdviceNow puts a full report at £1,750 to £3,000, adding VAT at 20% if the expert is VAT registered, and warns that costs can be higher for larger or more complex pensions. For general early advice from an expert, charges "range from £250 – 350 per hour", again plus VAT if registered. These are guide figures from one source, not quotes from any firm.

Fees are set by the market, says the PAG guide, and at present clients tend to prefer fixed fees. A standard report covers an equality-of-income calculation across one or two schemes, with the State Pension and a full explanation. It lists what makes a case dearer: more schemes, especially defined benefit ones, an extra offsetting calculation, a report that considers sharing State Pension entitlements, or analysis of how a person's health affects a share. It also warns that needless questions in the letter of instruction add needless cost, so a clear letter helps.

Normally the bill is split. AdviceNow says the usual approach is for the two of you to agree on the expert and split the cost equally. Court and scheme charges are separate, covered in pension sharing order cost, and what an adviser charges afterwards in pension advice cost.

How to find a pension on divorce expert

There is no PODE qualification or regulator. The PAG guide states: "There is currently no professional qualification or regulatory system for PODEs." Experts come from several backgrounds:

  • actuaries who are members of the Institute and Faculty of Actuaries, and so regulated by it;
  • actuaries outside that body, since "actuary" is not a reserved title;
  • independent financial advisers regulated by the FCA;
  • financial planners and former advisers who are not FCA-regulated, and members of expert-witness bodies;
  • others who say they have the knowledge for the work, which the guide accepts may be justified.

So a pension actuary and a pensions adviser can both be PODEs; what counts is experience of pensions on divorce. Routes to one are a family solicitor, who often instructs on your behalf; a mediator; an arbitrator; or your own search. AdviceNow suggests Resolution's website, where some financial professionals carry an accreditation as specialists in pensions and divorce, while noting that plenty of good experts do not have it. Some experts will only take instructions through a lawyer.

To test a candidate, the PAG guide recommends that a PODE self-certify, with a Statement of Truth, that they have the relevant competencies, a working complaints system, professional indemnity insurance, and that they say so if they belong to no professional body. AdviceNow's list of questions adds how regularly they write reports, whether the work sits in a set fee, how long it will take, and to get a few quotes.

Financial advisers: before the report and after the order

A PODE reports on value and income; regulated advice on what to do is a separate job. MoneyHelper suggests paying for both legal advice from a solicitor and financial advice from a financial adviser, as valuing and splitting pensions "can be complicated". The PAG guide says an independent financial adviser or a shadow expert, one appointed by a single party, can help at the outset to decide what you are trying to achieve and what questions a report should ask, and may also advise on putting the order into effect and on a scheme to receive the share. Before you spend anything, MoneyHelper runs a free, impartial pensions and divorce appointment with its pension specialists, covering where to find regulated advice and a PODE.

After the order, the questions turn personal: where a transferred share should sit, what income it could provide beside your State Pension and other pots, and how tax-free cash applies, covered in tax-free cash from a pension share. Timing is in how long implementation takes, and moving the money in how to transfer a pension.

Pension experts on divorce in Scotland

The PAG guide is written for England and Wales. Its footnote says Scotland "has a completely different legal structure, notably Pension Sharing Orders may be made for a cash amount rather than a percentage of the CE". MoneyHelper adds that in Scotland the share is a fixed amount agreed between you, and that if you live there your provider needs the length of the marriage or civil partnership to work out the CETV. The thresholds above therefore should not be assumed to apply north of the border; a Scottish solicitor can say whether a report is worth commissioning. The Scottish rules have a guide of their own. If you want to know how an expert's valuation would sit beside your pension options, an adviser can explain that free once you request a call-back.

Frequently asked questions

What does a pension on divorce expert report contain?

A standard report, the PAG guide says, includes income-equality calculations for one or two schemes, an assessment of State Pension entitlements and a full explanation.

Is a pension actuary the same as a pension on divorce expert?

Not necessarily. A pension actuary can be a PODE, but so can a regulated financial adviser, and the PAG guide notes "actuary" is not a reserved title. Ask about their experience of divorce reports and for the self-certification.

Is there a pension on divorce expert near me?

Possibly, but few experts specialise, so many take work across England and Wales by phone, email and video, and distance need not rule one out. Resolution's professional search shows accredited specialists, and a family solicitor can name the experts they use.

How long does a pension on divorce expert report take?

AdviceNow's rough guide is about four weeks once the information is in, but pension providers can take a few months to send it, so around six months in total is possible. Starting early avoids delaying the divorce.

Who pays for the report?

Usually both of you, in equal shares, having agreed the expert together. AdviceNow advises settling how the cost is covered before the expert starts.

Can I use a report I arranged myself in court?

Only with the court's permission; without it, AdviceNow warns, the report might be ignored. Even with permission, a report whose expert did not follow the court rules may mean paying for a different expert.

Large pensions, a guarantee or a uniformed scheme are when a second opinion on your own numbers is easiest to justify. Our enquiry form is the quickest route here: an FCA-authorised adviser calls back, and nothing is charged for it.

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