During a legal or judicial separation or divorce, or dissolution, a pension will be considered an asset and a former spouse or partner may be entitled to a proportion of their former spouse or partner’s occupational or self-employed pension or retirement benefits on the division of assets.
The former spouse can be allocated or designated some or all of the pension benefits by the court.
A decree of judicial separation agreement or divorce can divide the assets of a former couple but cannot make any change to pension arrangements, a pension adjustment order (PAO) is also required. A pension adjustment order is a legally binding court order which can be granted at the time of the divorce or separation or applied for subsequently.
The former spouse or partner of a marriage, civil partnership, or cohabitation or a dependent child (except in the case of cohabitation) may apply for a pension adjustment order. Either spouse or partner (or a representative of a dependent child) may apply to the court for a pension adjustment order.
Separate pension adjustment orders are required for each private or occupational pension arrangement.