Speak to one of our specialist divorce solicitors at our North Yorkshire-based law firm. We specialise in advising on divorces for those working in the public sector, such as teachers, civil servants, NHS workers, military, police and fire service, or any of the other public sector roles who are likely to receive a public sector pension. This valuable pension can become a cause of dispute during divorce proceedings.
At Crombie Wilkinson, we can help you to understand the options for your public sector pension during divorce, whether you want to seek to protect it or look to share the pension as part of the settlement.
Chris Myles, Head of our Family Law team, with Greg Cross and Mark Robinson are pension on divorce experts and have considerable experience working on separation and divorce cases. They are supported by a team of family legal advisors to provide you with pension divorce advice.
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Splitting public sector pensions on divorce
It is key to know both your rights and your partners rights to any public sector pension during divorce proceedings. Splitting pensions and assets can be tricky and complex. And as your public sector pension is valuable, you might want to know how to protect your pension in a divorce. But it’s also important that your public sector pension is split in a way that is fair for both parties.
During a divorce, any public sector pensions should be disclosed and their value made clear to both parties. This is known as the Cash Equivalent Transfer Value (known as the CETV or CEV). Knowing the CETV of your public sector or NHS pension is important during divorce proceedings.
Once you have the CETV, you’ll need to agree on how to split the pension. This is usually through a Pension Sharing Order or Pension Attachment Order / Earmarking Order. It can also, in certain circumstances, be offset against other assets held within the marriage, for example the family home.
- A Pension Sharing Order is the most common solution, and allows for the former spouse to be provided with a share of the pension benefits independently of the pension holder.
- Earmarking Orders – sometimes called a Pension Attachment Order - allow pension holders to keep the pension but pay out to the former spouse - either as a lump sum or regular payments. These types of order are becoming increasingly rare, and sharing is generally preferred.
There are restrictions and complexities for any public sector pension sharing on divorce, so it’s crucial to seek specialist legal advice.
The Crombie Wilkinson Solicitors Family Team
Crombie Wilkinson’s team of specialists in York and across the wider Yorkshire area has a wealth of experience and expertise in dealing with family legal issues. The appropriate adviser will be allocated to you to ensure the best family law advice is obtained.
Our experience is recognised by membership of several organisations including the Law Society Children Panel, Law Society Family Panels and Resolution.
To speak to one of our family lawyers you can make a general enquiry using the 'How can we help you?' form on the right hand side, or contact the team at the office closest to you.