Most types of pensions can be included in a pension sharing order, including private, occupational, and some state pensions. However, the rules can vary, making it essential to seek expert legal advice from a family law solicitor. 

Once a portion of your pension is shared, it is transferred into a separate pension plan in your ex-spouse or partner’s name. They then become responsible for managing this pension independently. 

Once implemented, a pension sharing order is final and cannot be reversed. It’s crucial to make informed decisions during the divorce proceedings to ensure a fair and suitable outcome. 

No, arranging pension sharing without a court order is not possible. A formal court order is required to divide pension assets legally, ensuring the division is recognised by pension providers and the law. 

Pension sharing is exclusively available to married couples or those in a civil partnership who are undergoing a divorce or dissolution. Cohabiting couples, regardless of the length or nature of their relationship, are not eligible for pension sharing under current English law. 

While pension assets are considered part of the marital assets and must be factored into any financial settlement, pension sharing itself is not compulsory. Couples have the flexibility to decide how to incorporate pension values into their settlement, with pension sharing being just one of several options, alongside pension offsetting and attachment orders. 

Pension sharing is designed to create a clean break between parties regarding their pension arrangements. Therefore, if either the original pension holder or the receiving party remarries or passes away, it does not impact the pension sharing agreement. The receiving party retains their pension share as an independent asset, with the same rights and benefits as the original pension scheme member. 

The transfer of pension share, as dictated by a pension sharing order, can only commence once the final order, which formally ends the marriage or civil partnership, is granted. Following this, pension providers have a four-month period to implement the pension credit, starting from when the order takes effect or when they receive the required documents from the court, whichever is later.