Pensions

This guide to pensions in divorce is provided by BDM.

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The qualitative study reported here is one of three studies commissioned by the Department of Social Security and undertaken in 1998 by Social and Community Planning Research (now the National Centre for Social
Research) to monitor the impact of new legislation on the treatment of pension rights on divorce.

This short document provides examples of how much a CETV can undervalue a pension based on the pension type, e.g. NHS or armed forces etc.

A digest of posts in Pension:Legal Aspects of Pensions on Divorce covering: LAWYER'S VIEW OF HOW COURTS APPROACH OFFSETTING; VALUATION CONSIDERATIONS FOR OFFSETTING; PROVISION OF PENSION SHARING INFORMATION; UNDERFUNDED SCHEMES; FINANCIAL DAMAGE LIMITATION FROM PENSION SHARING; TREATMENT OF PENSION CREDIT; IFA SELECTION

A digest of the posts in the Pension: Final Salary Pensions Forum covering: QUESTIONING WHETHER CETVs ARE UNDERVALUED;MORTALITY ISSUES;ADDITIONAL STATE PENSION;PENSION OFFSETTING;CAN A PENSION SHARE ORDER BE IMPOSED

A digest of posts in Pension: Solicitors and CETV Values covering: CETV CORRECTION FOR OFFSETTING - APPARENT COURT PRACTICE - THE 25% ‘RULE’; PENSION APPORTIONMENT IN/OUT MARRIAGE; AN ACTUARY’S VIEW ON THE 25% RULE, PENSION APPORTIONMENT IN/OUT MARRIAGE AND OBTAINING ACTUARIAL REPORTS; A BARRISTER’S VIEW ON CETVs, THE 25% RULE, PENSION APPORTIONMENT IN/OUT MARRIAGE AND OBTAINING ACTUARIAL REPORTS; SCOTTISH LAW; SOLICITORS, FSA ACCREDITATION + COMPLAINTS; TAXATION + CETV ADJUSTMENT

A digest of the posts in the ‘Pensions: Pension offsetting/Maskell v Maskell, and beyond?’ Forum. Pertinent Case Law and Legal Articles; Pension Offsetting and the 25% ‘Rule’.

How to decide whether you should consider doing independent actuarial valuation of a pension.

This article provides an introduction to the three main ways of dealing with pensions in the event of divorce - namely: Offsetting, Pensions Sharing and Attachment.

Pension sharing does not necessarily mean a 50/50 but it is often the starting point. Much depends on whether all the other assets have been dealt with. The experience and knowledge of your lawyer and that of your stbx may also come into play. There are no straightforward formulae it will (should) all depend on the circumstances of your case.

A divorce under Scottish Law is different because only the value gained during the marriage is taken into account. The CETV (Cash Equivalent Transfer Value) is a crude but the simplest way of putting a value on the pension.

There is some argument about whether pension accumulated prior to the marriage should be included or excluded (that’s one for the lawyers).

If the outcome will definitely be a pension sharing or attachment order, then there is a good argument for not spending good money calculating whether the CETV is reasonable. However, this assumes that the way that the shares are implemented is not detrimental to either or both parties. Often they are not, and this is an important area where actuaries can and should add value.

A very useful article on pensions in divorce written by Tom Tyler from the four brick court website.

This article considers the impact of ill health on the valuation and allocation of pensions in the
event of divorce or dissolution.

This calculator provides a ballpark figure of what someone's private pension may be worth based on their current salary and the number of years that they have been employed.