Is my ex entitled to half my pension?

Not automatically. The court considers all the circumstances including the length of the marriage, each person's needs, and the other assets available. In a long marriage, pensions built up during the marriage are usually shared, but the split is not always 50/50. The court aims for fairness, not a fixed formula.

CETV stands for Cash Equivalent Transfer Value. It is a figure your pension provider calculates showing what your pension is worth if it were transferred today. You need a CETV for your Form E. It is not the same as the total amount in your pension pot — it is an actuarial calculation that factors in things like your age and the type of scheme.

Do I need a pension expert?

For simple cases with small defined-contribution pensions, you may not need one. But if either of you has a defined-benefit (final salary) pension, a public sector pension, or if pensions are a large part of the assets, getting a pension actuary report (sometimes called a PODE — Pension on Divorce Expert) is strongly recommended. CETVs can be misleading for defined-benefit schemes.

What about the state pension?

The new state pension (for those reaching state pension age from 6 April 2016 onwards) cannot be shared in a pension sharing order. However, if either of you has a protected payment from the old system, that element may be shareable. The court can take state pension entitlements into account when looking at the overall picture of income in retirement.

Can I keep my pension if I give up the house?

This is called offsetting — swapping one asset for another. It is possible, but be careful. A pension worth £200,000 on paper is not the same as £200,000 of equity in a house. The pension is locked away until retirement and taxed when you draw it. A house gives you somewhere to live now. The court and any good advisor will look at whether the offset is genuinely fair.

Understanding Pensions in Divorce — What You Need to Know

Pensions are often the most valuable thing a couple owns — sometimes worth more than the family home — but they are easy to overlook because you cannot see or touch them. This guide explains how pensions are treated in divorce in England and Wales, what the court can do with them, and what you need to know to protect your interests. If you are filling in your Form E or thinking about a settlement, understanding pensions is essential.

What is a pension in the context of divorce?

When you divorce, the court has the power to deal with pensions as part of the financial settlement. Pensions built up during the marriage are considered a matrimonial asset, just like the house or savings. The court can make orders that split, share, or take pensions into account when dividing everything up.

There are three main types of pension order:

Pension sharing order — A percentage of one person's pension is transferred into the other person's name. This gives a clean break — the receiving person gets their own separate pension.
Pension offsetting — One person keeps their pension, and the other gets a larger share of other assets (like more of the house equity) to compensate.
Pension attachment order (also called an earmarking order) — When the pension holder starts drawing their pension, a portion of the payments goes to the other person. These are rare because they do not give a clean break — if the pension holder dies, the payments stop.

Why it matters

Pensions can be the biggest single asset in a marriage. In many cases, the combined pension value is higher than the value of the house. If you ignore pensions or do not understand their true value, you could walk away from your divorce with far less than you are entitled to.

This is especially important if:

Your ex has a workplace pension and you do not (or yours is much smaller)
Either of you has a defined-benefit (final salary) pension — these are often extremely valuable
You took time out of work to raise children and missed years of pension contributions
You are close to retirement age

What happens

Here is how pensions typically come into the financial remedy process:

Disclosure on Form E — Both you and your ex must declare all pensions on your Form E, including workplace pensions, personal pensions, and any old pensions from previous jobs. You need to get a Cash Equivalent Transfer Value (CETV) for each pension. Your pension provider must give you this free of charge for divorce purposes.
Requesting a CETV — Write to each pension provider and ask for a CETV for the purposes of divorce. They have 3 months to provide it (under the Pension Schemes Act 1993). Most providers have a form for this, and many accept requests online.
Understanding the figures — A CETV gives you a snapshot value, but it does not always tell the full story. Defined-benefit pensions (like NHS, teachers', police, or civil service pensions) often have CETVs that understate their true value compared to defined-contribution pensions (where you have a pot of money).
Pension expert report — If the pensions are complex or high-value, the court may order (or you may choose to get) a report from a Pension on Divorce Expert (PODE). This actuary compares the pensions fairly and suggests how they could be divided to achieve equality of income in retirement.
Negotiation and court orders — Pensions are dealt with as part of the overall financial settlement. The court looks at the whole picture — house, savings, income, pensions — and tries to achieve a fair outcome considering the Section 25 factors.

What you need to do

List every pension you and your ex have. Check old payslips, annual pension statements, and the government's pension tracing service if you have lost track of a pension.
Request CETVs early. Providers can take weeks or months to respond, and you need the figures for your Form E.
Use the government pension tracing service if you think there might be old pensions you have lost track of: gov.uk/find-pension-contact-details
Check your state pension forecast at gov.uk/check-state-pension — this shows what you will get at retirement.
Consider getting a PODE report if either of you has a defined-benefit pension or if pensions are a big part of the assets. The cost (typically around £1,000-£2,000) is usually shared between both sides and can save you from an unfair deal.
Do not assume a 50/50 CETV split is fair. Equal CETVs do not always mean equal retirement income. A PODE can explain what equal sharing actually looks like.

What could go wrong

Forgetting about old pensions. A pension from a job 15 years ago might be worth tens of thousands of pounds. Use the pension tracing service to check.
Treating CETVs as cash values. A pension CETV of £100,000 is not the same as £100,000 in the bank. Pensions are locked until retirement age, are taxed when drawn, and cannot be used to pay bills now.
Accepting an offset without proper valuation. Giving up a pension worth £150,000 CETV to keep an extra £150,000 of house equity might sound equal, but often is not. The house equity is available now; the pension is not.
Ignoring defined-benefit pensions. These are often the most valuable pensions but their CETVs can be misleading. Always get expert advice on final salary pensions.
Not including pensions in a consent order. If your financial order does not specifically deal with pensions, your ex could potentially make a claim against your pension in the future.

Where to get help

MoneyHelper (government-backed) — Free guidance on pensions and divorce: moneyhelper.org.uk/en/family-and-care/divorce-and-separation/pensions-and-divorce
Pension Advisory Service (now part of MoneyHelper) — Free pension guidance: 0800 011 3797
Citizens Advice — General divorce and money advice: citizensadvice.org.uk
Pension tracing service — Find lost pensions: gov.uk/find-pension-contact-details
Resolution — Find a specialist family lawyer or mediator: resolution.org.uk