Richard Kershaw outlines key considerations for divorce pensions In Professional Adviser
Richard’s comments were published in Professional Adviser, 17 February 2026, and can be seen here.
Richard Kershaw, Partner in our Family & Relationships department, highlights that pensions remain one of the most valuable yet complex assets in divorce, particularly in high net worth cases.
Richard likens his role to that of a rugby scrum half constantly assessing rapidly changing situations and relying on a wide network of professional colleagues. In this context, he emphasises the importance of pension on divorce experts (PODEs), whose technical input is often essential to achieving fair outcomes.
Richard explains that pensions are typically the second largest asset after the family home, and since 2000, the Family Court has had the power to make pension sharing orders. Despite this, pension sharing remains under utilised. In 2021, there were over 113,000 divorces but only around 23,600 pension sharing orders, highlighting a striking gap. Richard notes that a PODE is usually instructed as a single joint expert, providing independent advice on how best to divide pension assets to achieve equality of income in retirement.
Richard also outlines how the court determines the appropriate pension division, taking into account statutory factors such as the duration of the marriage, each party’s earning capacity, contributions, and needs. He explains the distinction between matrimonial and non matrimonial pension assets, noting that even non matrimonial pensions may be shared where one party’s financial needs justify it. He also stresses that foreign pensions cannot be subject to pension sharing orders made in England and Wales, nor can foreign orders be enforced here.
Finally, he examines “offsetting,” where a party chooses to receive non pension assets instead of a share of a pension. Although often seen as a simpler alternative, offsetting is complex and frequently gives rise to professional negligence claims. Richard warns against being drawn to apparently easy solutions, noting that even the recently developed Galbraith Tables designed to assist practitioners must be used with caution against the backdrop of economic volatility. Collaboration with financial experts, he concludes, is essential for delivering fair, durable outcomes in divorce.
Read the full article on the Professional Adviser website [subscription required].