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Divorce and your pension

Jan 19, 2026
What happens to your pension if you are going through a divorce or the dissolution of a civil partnership?
Around 42% of marriages and civil partnerships in the UK end in divorce or dissolution. That’s an average of 100,000 every year.  

If yours is one of them, then your pension is likely to be taken into account along with your other assets when any financial settlements are worked out. This includes any additional payments you've made to your pension, either via BRASS or AVC Extra.  

A Court order can be made to transfer part of the value of your pension benefits during the divorce or dissolution proceedings. In this case your benefits in the Fund will be reduced to provide benefits for your ex-spouse or ex-civil partner. We’ve answered some common questions about this below.  

Generally, your basic State Pension will not be shared if your marriage or civil partnership ends. However, there are some exceptions - see the ‘divorce and my pension page’ for details.  

Please bear in mind that if you live in Scotland, only pensions built up during your marriage or civil partnership matter. Thisis different to the rest of the UK.   

How might my Fund pension be shared out in divorce or dissolution?  

Typically, Courts tend to favour a Pension Sharing Order (PSO), but there are other options too. You can read a brief summary of each below. You can also find further details on the divorce and my pension page.  

Pension Sharing Order (PSO)  

With a PSO, a one-off payment, agreed by both parties and approved by the Court, is made from your pension to your ex-spouse or former civil partner at the time of divorce or ending of a civil partnership. This is taken off the total amount of your pension.   

Your ex-spouse or former civil partner receives their share as soon as the order is finalised. Once this payment has been made, they will have no further claim to your pension. The amount they receive will need to be transferred to another pension arrangement.  

Pension Offsetting  

With Pension Offsetting, you keep your pension assets to yourself in their entirety while something else of the same or similar value, such as property, is awarded to your ex-spouse or former civil partner. If your situation changes in the future and you re-marry or die, your offsetting agreement won’t be affected.  

Pension Attachment Order (Earmarking Order) 
 
With an Earmarking Order an amount agreed by both parties and approved by the Court, will go to your ex-spouse or former civil partner when you start getting your pension. The amount could also include a portion of your lump sum death benefit and/or your retirement lump sum. The payments will be made directly to your ex-spouse or former civil partner when you decide to take your benefits.  
 

What information does the Court need to make a decision?  

The Court will need details of your pension benefits. This comes in the form of a CETV (Cash Equivalent Transfer Value) for divorce purposes.  

You can request a CETV from the Fund administrator, Railpen. They can share it with you, your Solicitor or the Court.   

There is an administration fee of £300 (including VAT) for a CETV.    

There is also a cost of £1,200 (including VAT) to implement any court order. The Court order will set out who pays this charge. In most cases, it’s taken out of pension benefits.  

If you have pension benefits in more than one section of the Fund, these charges will apply to each separate section.    

 How long does the process take?   

It can take up to 4 months to process a Court order on your pension as the result of a divorce or dissolution of a civil partnership.   


What if I’m already taking my benefits?  

If you’re already taking your benefits, then the Court will still share your pension in one of the 3 ways outlined above. 
 
It will be based on the value of your pension in payment. It will not include any lump sum you have already taken, or you are yet to receive, or any pension payments you have gotten already.   

The sharing of pensions in this situation can be complicated, and you may want to seek professional advice from a solicitor, actuary or Independent Financial Advisor. You can find more details about getting financial advice on the guidance and advice page.   

Where can I find out more?   

You can learn more about the options, process and charges by reading: 

The government-backed MoneyHelper service also offers free support and guidance on a wide range of financial matters, online and over the phone. There is a dedicated area of their website that provides support with divorce and dissolution.