Pensions in Separation and Divorce

Pensions can be very valuable assets, and if you or your spouse/civil partner/qualified cohabitant have been paying into a pension for a long time, it could represent a significant amount in terms of the overall assets of the family.

Pension entitlements of the parties to a divorce or separation need to be set out in a court order, and there is a specific procedure for doing this. Your solicitor will be able to advise you on this. Pension rights cannot be shared out without a court order – a separation agreement cannot share out pension rights.

It is important to take advice about pensions and to decide what will happen, including securing the relevant court orders. This is particularly important where there are children and/or other dependents.

For more information see the Pensions Authority guide ‘A Brief Guide to the Pension Provisions of the Family Law Acts’ and talk to your solicitor.