How do I protect my pension during a divorce?

Keen to protect your pension from divorce or negotiate a more favourable share? Fortunately, the expert legal team at Freeman Jones Legal is on hand to help by clearly explaining your divorce and pension rights in the UK.

Simply carry on reading to learn more about your divorce pension rights – including your pension rights after divorce.

Can I protect my pension in a divorce?

Often a substantial (and overlooked) matrimonial asset, pension pots can hold significant value to both parties going through a divorce. As a result, you may be tempted to protect your pension – especially if you’re the main earner and your partner has a lower-value pension or no pension at all.

However, unless you and your partner signed a pre-nuptial agreement to protect your pension, you will typically be required to share yours. If you cannot agree on a financial settlement between yourselves (though mediation and negotiation), then the case will go to court, and a judge will determine the best way to divide any pensions.

Crucially, when it comes to pension laws in divorce, hiding your pension or any other financial assets can land you with court-imposed penalties such as having to cover your ex-partner’s legal costs. Not to mention, if you’re found to be in contempt of court, you could also risk being imprisoned and/or fined.

How do I protect my pension during a divorce?

Failing the writing of a pre-nuptial agreement to protect your pension during divorce, the next step you can take to protect your pension is to offer your ex-spouse alternative assets in exchange for the pension. For example, you may decide to offer them sole ownership of the family home or another asset with comparable financial value to your ex-partner.

Can my ex take my pension after divorce?

What about your pension rights after divorce? Once you have come to a financial agreement and your settlement has been approved by the court, you will be legally protected from any future pension claims from your ex-spouse.

Without this legally-binding consent order, your ex-partner will be able to claim for your pension even if you have been divorced for decades. A financial divorce settlement is therefore the best way to protect your pension from future claims.

Seeking expert pension and divorce guidance?

If you’re keen to learn more about pensions and divorce in UK law, don’t hesitate to reach out to the experienced team of divorce solicitors at Freeman Jones Legal.

Rather than confusing you with legal jargon and adding more stress to this potentially taxing situation, we aim to make dividing your assets as simple as possible.

Well-versed in mediation, skilled negotiation, dispute resolution, and court action, our specialist divorce lawyers can utilise a wide range of legal avenues to help you achieve a fair financial divorce settlement.

If you’d like to pay our team a visit, we’ve opened offices in Wrexham, Liverpool, Warrington, and North Wales.

Alternatively, we also welcome phone enquiries about your pension rights after divorce in the UK – simply give us a call on 01244 506 444. You can also get in touch by sending your enquiry to info@fjsolicitors.co.uk or using our convenient online contact form.

Upon receipt of your enquiry, you can rest assured a member of our experienced team will be in touch soon to arrange your free, no-obligation 30-minute consultation regarding pension rights in divorce in the UK.