Richard Kershaw discusses pension assets involved in divorce cases in WealthBriefing
Richard's comments were published in WealthBriefing, 2 February 2026, and can be seen here.
Richard Kershaw, Partner in our Family & Relationships department, highlights that, according to new research from the Money and Pensions Service (MaPS), only 43% of UK adults know that an ex‑partner’s pension can be included in a divorce settlement.
This lack of awareness often leads people to prioritise keeping the family home while overlooking pension assets that could greatly strengthen their long‑term financial stability.
Although pension sharing has been available since 2000, and extended to civil partners in 2005, many still mistakenly believe pensions are non‑matrimonial or assume they cannot be divided without legal advice.
A pension-sharing order transfers a percentage of one spouse’s fund to the other, creating financial independence for both. The share cannot be taken as cash, but once the recipient reaches 55 (rising to 57 in 2028), up to 25% can usually be drawn tax‑free. While some prefer immediate assets such as property or cash, careful valuation is essential to ensure fair offsetting.
Given that pensions are the largest marital asset after the home in 70% of divorces, no one should dismiss their claim without informed advice.
Read the full article on the WealthBriefing website [external link].