Can you get a pension sharing order after decree absolute?

The court can still make a pension sharing order after decree absolute (now the final order), unless the divorce began before 1 December 2000.

If your divorce is already final and nothing was settled about the pensions, the door is not necessarily shut. The law lets a court make a pension sharing order after the final order, though a long gap makes a case harder. Whatever a court decides about the share, requesting a call-back here brings an FCA-authorised adviser into the conversation about retirement income.

Can a pension sharing order be made after the final order?

Yes, the court has the power. Since the Divorce, Dissolution and Separation Act 2020 took effect, the decree absolute has been called the final order, and the Matrimonial Causes Act 1973 now says the court may make pension sharing orders "on making a divorce or nullity of marriage order or at any time after making such an order (whether before or after the order is made final)". GOV.UK still uses both names together, and so does this page.

The order cannot do anything until the divorce is final. The same section says it "is not to take effect unless the divorce or nullity of marriage order on or after which it is made has been made final". For what the order does and how to ask for one, see what is a pension sharing order and how to get a pension sharing order.

Does remarriage stop you applying for a pension sharing order?

Remarriage is the usual worry, and it is easy to misread. Section 28 of the 1973 Act says that once someone remarries or forms a civil partnership after the divorce, they are not entitled to apply for "a financial provision order in his or her favour, or for a property adjustment order". That puts maintenance, lump sums and a share of property at risk.

A pension sharing order is not named there. The Nuffield Foundation's guide to pensions on divorce, written by lawyers and pension experts, notes that a pension attachment (earmarking) order counts as a financial provision order, but "a Pension Sharing Order is outside this provision and it is, therefore, possible for an application to be made for a Pension Sharing Order following remarriage unless there is some other impediment". The guide sees no logical reason for the difference and believes the omission may be a drafting oversight, so the law could change.

Remarriage can still cost you other claims, so take legal advice before you remarry. What remarriage does to an order already made is covered in pension sharing order and remarriage.

Is there a time limit, and does delay count?

No fixed deadline applies to a financial claim after divorce; a footnote in the Nuffield guide confirms there is "no statute of limitation for financial remedy applications". In Wyatt v Vince [2015] UKSC 14 the decree absolute was granted on 26 October 1992 and Ms Wyatt applied for a lump sum in 2011, nearly two decades later. The Supreme Court refused to strike the claim out, and a divorce lawyer commenting on the ruling said "there was no financial order and no time limit in family law for making a financial order".

That is not a promise of success. The court's press summary says Ms Wyatt faced "formidable difficulties", including the short marriage and the long delay since. Her claim was for a lump sum, and a pension share was never open to her: the Welfare Reform and Pensions Act 1999 bars a pension sharing order where the divorce proceedings began before 1 December 2000, when pension sharing came in. For a pension already paying out, see pension sharing when the pension is in payment, and for what a court can reopen once an order exists, changing a pension sharing order.

Why some people hold back the final order

This is the reverse of your question, and it explains why the order of events matters. GOV.UK says you must apply to the court for a binding financial arrangement "before you apply for a final order or decree absolute", and that if you ask after that, "there may be financial consequences, particularly for pensions".

The Nuffield guide spells out the main one. Apply for the final order too early and "the client may lose out in pension terms if their spouse dies before the Pension Sharing Order can take effect", because if the pension holder dies before the order takes effect, the former spouse has no order in their favour and "is not a widow or widower entitled to death benefits." Its authors therefore regard it as sensible, in most circumstances, to delay applying for the final order until 28 days after the pension sharing order is made, so the share takes effect as soon as the divorce is final. The gap is explored in death before implementation, and survivor rights in survivor benefits after divorce.

Whether waiting suits a particular couple depends on the scheme's rules and the other financial terms, so it is a decision for a family solicitor.

When a late order takes effect, and the scheme's four months

Taking effect and being carried out are separate steps. The Welfare Reform and Pensions Act 1999 gives the scheme "the period of 4 months beginning with the later of" two dates: the day the order takes effect, and the day the scheme has the court documents and personal details it needs. The Nuffield guide notes the clock does not start until "the Financial Remedy Final Order and the Divorce Final Order have been provided", so check the court has served both.

The stages and the 28-day rule are in the pension sharing order timeline, and the paperwork is explained in the pension sharing annex. A figure for the pension comes from a valuation: how to get a pension valuation for divorce.

Dissolving a civil partnership

The rules mirror the marriage ones. Schedule 5 to the Civil Partnership Act 2004 allows a pension sharing order at the point of dissolution or "at any time afterwards", and says it "is not to take effect unless the dissolution or nullity order on or after which it is made has been made final". Its remarriage bar applies where a civil partner "forms a subsequent civil partnership or marriage" and, like the marriage version, names financial provision and property adjustment orders.

Scotland works differently

The Family Law (Scotland) Act 1985 lets either party "in an action for divorce" apply for a pension sharing order alongside the other financial orders, so pensions are normally settled within the divorce itself rather than afterwards. A Scottish solicitor can say how a later claim would be treated; the Scottish rules are in pensions on divorce in Scotland and the England and Wales overview in what happens to your pension on divorce.

Frequently asked questions

Can I claim an ex-partner's pension if we divorced years ago?

Possibly, if the divorce began on or after 1 December 2000. No time limit applies to a financial claim, but delay is weighed against you and it matters whether an earlier order dealt with the pension; a family solicitor can tell you where you stand.

Is the final order needed before a pension sharing order starts?

Yes. The order cannot take effect until the divorce is final, so a late applicant has already cleared that step.

If I have remarried, is a pension sharing claim lost?

Not on the wording of that provision, which does not mention pension sharing, although other financial claims are barred. Check with a solicitor first, since the Nuffield guide warns of other possible impediments.

Could a solicitor advise against applying for the final order first?

Sometimes, where a pension sharing order is still to be made, because of the survivor-benefit risk above. It is a judgement for each couple.

Can the pension be traded for other assets instead?

That is called offsetting, and pension offsetting explains it; a pension on divorce expert can help weigh the choice.

The legal question and the money question are different, so should you want the second one explained, ask for a free call on the form here from an FCA-authorised adviser.