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Pensions on divorce can include parts of state pensions

Pensions on divorce can  include parts of state pensions according to Cheshire family solicitors Stonehewer Moss as the court has powers to order a share to you of not only the private or occupational funds of your spouse but also the state pension. Only 11 percent of court orders about finances in divorce include provision for pensions but these can be by far the biggest asset a couple has at divorce. Always obtain a cev of your pensions and that of your spouse. There is no excuse not to supply this and charges will have to be paid if they apply. The state pension has a theoretical value that can be obtained using forms BR19 and BR20. What can be ordered of this depends on the date of the petition. The state pension has changed; those of us contributing before April 16 will have a transitional state fund value that can still be shared by ordering the government to pay a percentage of the weekly pension payment that is identified as shareable by the divorce court. Pensions are only one asset that the court must consider when seeking to achieve the overriding objective of the court, to deal with cases justly. Pensions on divorce can  include parts of state pensions but occupational funds can be worth more than the house.

If there is an inequality of pension provision, either state or private, it can be prudent to refuse to settle until you have sought advice on the terms. The court statistics suggest far too few divorce fully taker account of these valuable assets. Private pensions will often have a cash value greater than the equity in your house and taking the latter to off set the former may not fully compensate you for the loss sustained. Pensions on divorce can  include parts of state pensions you may never have known existed; nobody who worked all their life has no pension.

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Stonehewer Moss Solicitors, Citadel House, Solvay Road, Northwich, Cheshire, CW8 4DP

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