Pensions: the asset people forget

A pension can be worth more than the house, yet it's often left out of divorce settlements. Here's how to make sure yours isn't.

Ask most people what they own and they'll start with the house. The pension often doesn't come up at all. Yet for many couples, especially in longer marriages, a pension can be worth as much as the family home, sometimes more.

That matters, because research shows pensions are one of the most commonly overlooked parts of a divorce, and leaving them out can affect your income for the rest of your life.

1 in 10divorcees with an undrawn pension made an agreement to share itFair Shares, 2023
1 in 3+divorcees didn't know the value of their own pensionFair Shares, 2023
80%of divorce files studied had a relevant pension, but only 14% had a pension orderCardiff / Nuffield, 2014

Why pensions get overlooked

The numbers are striking. The Fair Shares study found that only one in ten divorcees with a pension yet to be drawn had made an agreement to share it, and more than a third didn't know the value of their own pension, let alone their spouse's (University of Bristol).

An earlier study of real court files found a similar picture: 80% of cases involved at least one relevant pension, but only 14% included a pension order (Cardiff University and the Nuffield Foundation).

Part of the reason is that pensions feel abstract. A house is something you can see. A pension is a statement you might never open, for money you won't touch for decades. But the researchers warned that leaving pensions out puts the future financial security of many women, who generally have smaller pots than men, at risk.

If you take one thing from this guide: find out what both your pensions are worth before you agree anything.

The three ways pensions are dealt with

1. Pension sharing

A court order moves a percentage of one person's pension into a pension in the other person's name. From then on, you each own your own pension outright. It's the cleanest option and has been available in England and Wales since 2000.

2. Offsetting

Instead of splitting the pension, one person keeps it and the other gets a bigger share of something else, often the house. It's the most common approach, but it can be unfair if the values aren't compared properly. A pound in a pension isn't worth the same as a pound in a house, because of tax and the fact you can't access it yet.

3. Attachment (sometimes called earmarking)

Part of the pension is paid to the ex-spouse when it starts being paid out. It's used less often because it ties you together financially for years, and payments stop if the pension holder dies.

Working out what a pension is worth

Every pension scheme can give you a Cash Equivalent Transfer Value (CETV). It's the starting point for any discussion, and you're entitled to ask for one. MoneyHelper, the government-backed guidance service, explains how to request one and what to do with it (MoneyHelper).

Be careful with final salary or other defined benefit pensions, such as many public sector schemes. The CETV can significantly undervalue what they'll actually pay out. If either of you has one, a specialist report from a pensions on divorce expert is often worth the cost.

What about the State Pension?

The new State Pension, for people who reached State Pension age on or after 6 April 2016, generally can't be shared on divorce. Some older additional State Pension entitlements can be (GOV.UK). Your State Pension isn't usually reduced by divorce, but your National Insurance record matters, so check it on GOV.UK.

What to do now

  1. List every pension either of you has, including old workplace pensions. The government's Pension Tracing Service can help find lost ones.
  2. Request a CETV for each one.
  3. Get advice from a family solicitor or a financial adviser who understands pensions on divorce, especially if there's a defined benefit scheme.
  4. Make it binding. A pension sharing arrangement must be in a court order to work.

If you'd like help, we can introduce you to financial advisers and family solicitors who deal with pensions every day.

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Common questions

Are pensions included in a divorce?

Yes. Pensions built up during the marriage, and sometimes before it, are part of the financial picture in a divorce in England and Wales, alongside the house, savings and debts.

What is a pension sharing order?

A court order that transfers a percentage of one person's pension into a pension in the other person's name. It gives a clean break: each of you then has your own pension.

Can I get half of my ex's pension?

Not automatically. How pensions are divided depends on your circumstances, including your ages, other assets and needs. It might be split, offset against other assets, or left as it is.

Can the State Pension be shared in a divorce?

The new State Pension generally can't be shared, but some older additional State Pension entitlements can. Check GOV.UK or speak to an adviser about your situation.

Sources

  1. University of Bristol and Nuffield Foundation, Fair Shares report (2023)
  2. Woodward and Sefton, Pensions on divorce: an empirical study, Cardiff University / Nuffield Foundation (2014)
  3. MoneyHelper, Divorce and separation (including pensions)
  4. GOV.UK, State Pension if you get divorced or dissolve your civil partnership

This guide is general information about divorce in England and Wales, not legal or financial advice. Laws, fees and figures change, so check the sources above and speak to a qualified professional about your situation. Facts checked 1 October 2026.