We need to talk…

It is one of the most difficult subjects to talk about. Divorce. When relationships come to an end there are so many things to consider. Children, home and support are naturally the first things you focus on.

When you begin the process of separating a shared life the sheer number of things to deal with is daunting. And the cost of divorce can have a lasting impact on your plans for later in life.

A study from Research Plus* shows that divorcees retiring this year can expect to receive up to 16% less in retirement income.

Divorcees retiring this year can expect to receive up to 16% less in retirement income.

Average expected annual income:

  • Never suffered a marriage breakup - £19,400
  • Divorced - £16,300

That difference means that divorcees can expect to receive up to 16% less in retirement income.

And with the Office for National Statistics** confirming that divorce rates are increasing for women over 55 it is an issue likely to affect a growing number of the baby-boomer generation.

While it may not be the first thing you need to think about, a pension fund is likely to be one of the most difficult assets a couple will have to split in the event of a divorce. So it’s best to start early.

Richard Collins, divorce lawyer and Partner at Charles Russell Speechlys, commented: “Next to the family home, the pension is often the biggest asset in a divorce case. If pension savings have been built during the marriage, they are commonly split equally.”

The law on divorce is different across the UK. Taking legal advice in the early stages of separation is important. You can also seek advice from the Pensions Advisory Service who can help you to understand the rules surrounding the separation of pension assets. 

Before planning how to separate your pension assets you may want to consider how much money you think you will need to live on later in life.

So what are your options?

It’s never easy when things come to an end, but support and advice can make the journey clearer. So what are the options available when you are ready to look at separating your assets?

Firstly it is important that you both list the different pensions you and your ex-civil partner or spouse have. Then you can start to explore the options.

Across the UK there are three core options to consider when you are separating pension assets.

• Pension sharing orders

• Pension attachment orders (called pension earmarking in Scotland).

• Pension offsetting

Some of these options need to be administered by the courts and not all of them will be suited to your individual circumstance.

Let’s see how they work in a bit more detail.

Pension sharing order

Pension sharing is one of the options available on divorce or the dissolution of a civil partnership. Each party owns a share of the pension fund but is able to decide what to do with their share independently. This provides a clean break between parties, as the pension assets are split.

Pension attachment order (called pension earmarking in Scotland)

This redirects some or all of the pension benefits to you or your ex-civil partner or spouse at the time of payment. When the person who owns the pension receives their benefits, the pension provider makes a payment to their ex-civil partner or spouse. With this option you don’t get the clean break as you would from the Pension sharing order.

Pension offsetting

With pension offsetting the total assets are considered and then divided up. For example if your ex-partner has a large pension pot they may keep this as you may agree to receive an asset of similar value, the house for example.

Divorce can be a difficult and uncertain time and the retirement you have planned may differ from the reality ahead. 

*Research Plus conducted an independent online survey for Prudential between 8 and 22 November 2016 among 10,605 non-retired UK adults, including 1,000 intending to retire in 2017. 

**Latest divorce statistics from the Office of National Statistics, published 5 December 2016