Pensions on separation and divorce

The pension entitlements of you and your spouse/civil partner/qualified cohabitant arising from occupational or personal pension arrangements may be affected by separation or divorce.

If you or your spouse/civil partner/qualified cohabitant have been in a pension arrangement for some time, pensions could be a very significant part of your family assets.

If you have children or other dependants, you should also consider what would happen were you or your ex-spouse/ex-civil partner/ex-qualified cohabitant to die. Pension rights cannot be shared out without a court order – a separation agreement cannot share out pension rights.

You should bear in mind that you and your dependants may have benefit entitlements from both your own arrangement, and your spouse’s/civil partner’s/qualified cohabitant’s arrangement.

For more information see ‘A brief guide to the pension provisions of the Family Law Acts’ and the ‘Pensions on separation and divorce checklist’ available from the ‘Checklists and guides’ section.

The Family Law Act, 1995 sets out the treatment of pensions in cases of judicial separation…

In recognising the value of pension benefits on separation or divorce, the court may require a proportion of your pension benefits to be paid to your spouse…

The court may serve a binding order, known as a pension adjustment order (PAO) on the trustees or provider of a pension arrangement…

Where the court decides to make a pension adjustment order in relation to retirement benefits…

Retirement benefits are benefits payable to the member of the pension scheme on retirement or earlier withdrawal of service…

Payment of the designated benefit would generally commence when the remainder of the retirement benefit starts to be paid to the member spouse…

Contingent benefits are the benefits payable if a scheme member dies during employment…

The Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010 entered into force on 1 January 2011…

If a non-member who has been granted a designated benefit under a pension adjustment order (PAO) dies…

If a member dies (prior to any decision to transfer the designated benefit to another scheme or policy)…

You are not automatically entitled to receive personal information on your spouse’s pension benefits, although this will be provided to you if they consent…