There will often be a range of possible solutions to dividing the
assets, and it could be that a couple comes to an amicable agreement,
with lawyers simply drafted in to formalise the agreement.
Unfortunately though, in many cases, courts will be involved in
deciding the division of assets.
The financial split can be
affected by many factors, including the age of those involved, the
length of the relationship, and the needs of each party and any
children, and will routinely address income, property and savings.
A
pension is often the second most significant capital asset in a
marriage and so should be taken into account by a couple and their
representatives when arranging a divorce or dissolving a civil
partnership.
But pensions can be complex and confusing at the
best of times, and are all-too-often glossed over, leaving many people
unknowingly with a lot less than they are entitled to. The details must
be thoroughly scrutinised by an experienced family law expert and, in
some cases, an expert or a pension actuary brought in to help.
Frequently,
one person has a substantial pension while the other might have none or
a very limited pension provision because, for example, they have given
up their job to look after the children.
If we are honest, it is
normally the wife who has the lowest - if any - pension provision, as
it is assumed during the marriage that she will share in the benefit of
the husbands pension income when he retires. The pension is for both of
them in effect - until things go wrong.
If the marriage fails,
there is no automatic entitlement to a spouses private or occupational
pension. In addition, there are rules which allow one divorced spouse
to take National Insurance contributions from the other to make up
deficiencies in their basic state pension.
After a divorce, it is
often the case that the wife has little chance of being able to
sufficiently build up a pension of her own during any working life that
may be left to her.
There are a number of different roads couples
can go down to tackle pension assets depending on their circumstances.
These are offsetting, earmarking and pension-sharing.
In this day
and age, pension sharing is the preferred route of most divorce courts
but offsetting and, to a lesser extent earmarking, are also still valid
in some cases. This is why it is vital you discuss your case and unique
set of circumstances with an experienced family lawyer. This will give
you the best chance of a fair, expedient outcome.