Pensions and
Divorce
If you're going
through a divorce then pension can play an important part of any
settlement. For many people it is the second biggest asset after
the family home.
There are three
options available when assessing the division of assets which
include a pension:
Pension offsetting
This
method is relatively straightforward.
All it means is that one partner's pension
is traded against other family assets to give each other an
agreed value.
e.g. If a husband
has a pension fund of £100,000 and there is joint property held
with his ex-wife worth £100,000 and no other assets, it could be
agreed that on an equal split of the assets, that the wife
retains the house in full and the husband retains the pension.
Offsetting is still
quite a common method, and it does provide a "clean break". Much
depends on the value of the pension compared to other assets.
Pensions and Earmarking
Earmarking is
another method. This can be quite complicated and has a number
of disadvantages, and because of this it has not
proved
to be a common method. Rather than any immediate value being
provided to an ex-partner (usually an ex-wife), a portion of the
pension is earmarked for their future benefit, when the pension
holder (usually the ex-husband) retires.
There isn't a clean
break, and the pension holder retains control of the pension. If
they're vindictive they could delay their retirement until age
75, or attempt to invest the pension in such a way that it falls
in value.
Pensions Sharing
Pension Sharing is
the most recent option available for pensions in divorce. This
method does enable a "clean break". What happens is a portion of
the pension value is agreed, and this is given to the
ex-partner, (usually the ex-wife). Very often a new plan has to
be taken out for the ex-partner, as the existing scheme will not
want the added complication of another member.
In most instances it
is usually the ex-wife who will be given some share of the
ex-husband's pension. And for many women this will be their main
or only pension. It will also be the first time many women will
have had to make a decision about a pension, such as which
company to use, what funds to select, and what level of risk
they want.
If you're going
through a divorce, and want to discuss your pension options, in
jargon free, easy to understand terms, with an
experienced adviser call us free on
0800 072 5987 or
contact us online.
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