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Police pensions on divorce







       By Lorraine Harvey,                 your spouse has a pension then this will   young and there are no children.
       principal lawyer in family          also need to be valued and taken into   If we can show that parties’ needs have
       law at Slater and Gordon            account when considering your spouse’s   been met and they have no genuine need
                                           claim against your pension.          for pension accrued outside of the
            ere at Slater and                 When the courts are required to decide   relationship, then we’re more likely to be
            Gordon we often                how parties’ finances should be divided,   successful in protecting years of a pension
       Hget asked a lot of                 statute sets out what the court has to   accrued outside of the relationship.
       questions from officers             consider. In addition to this, there are key   However, we cannot offer any guarantees
       about their police pensions.        principles in case law such as a party’s   with this approach and if the parties are
       Understandably officers are usually keen to   needs (which can include housing needs   older, and the spouse has little or no
       protect their pensions.             and incomes), sharing and compensation.  pension provision of their own, then these
          When parties are going through a      Only once parties’ needs have been met   arguments are less likely to be successful.
       divorce a spouse will be entitled to know   will the court consider contributions based      The best advice we can give officers is
       how much an officer’s pension is worth. An   arguments. For example, if an officer joined   to deal with their matrimonial finances
       officer can find this out by calling their   the police service in 1995, began co-  including their pension when they
       pension administrators and requesting   habitating with their partner in 2005 and   separate. For example, an officer separated
 Going  Call us   the total value of your pension at the date   that officer accrued between 1995 and   deal with finances on separation.  If the
                                                                                from his spouse 13 years ago but did not
       their cash equivalent transfer value. This is
                                           then married in 2006 should the pension
                                                                                officer had dealt with his finances 13 years
                                           2005 be excluded?
       you make the request and the value that
                                                                                ago, the pension share which his spouse
                                              This is a scenario which commonly
       your pension would be given if you were

 through a  before your   able to transfer it to a new pension   arises for many of the officers which we   needed would have been a 14 per cent
                                                                                share, however, 13 years on the pension
                                           represent. Unfortunately, there’s not a
       scheme. If your pension is in payment you
                                                                                share which his spouse is now looking at
                                           simple answer to this question. Generally
       would need to obtain a cash equivalent
                                                                                achieving is 32 per cent.
       benefit statement instead.
                                           speaking, pensions are more likely to be a
                                                                                   If you would like specialist advice on

                                           significant issue if the marriage is long and
         Once the value of your pension is

 divorce? ex does.  known we’ll then be in a position to   if there are children of the marriage.   your finances from a family lawyer, please
                                                                                contact Slater and Gordon on 0808 175
                                           Pensions will be less important if the
       consider what your spouse’s claim is likely
                                                                                7710 and we will be happy to help.
       to be and how this claim can be settled. If
                                           marriage is short, the parties are relatively
                              ARREN & CO
 We’ve been working with the   w
 Police Federation for over fifty
 years – longer than any other
 firm. No one understands
 better the unique pressures of   (Complete Financial Solutions) Ltd
 police work, and how to protect
 your rights – especially your
 pension. If you’re going through   Offering FREE Independent Mortgage Advice
 a divorce, we offer a free initial
 Lorraine Harvey,   consultation, fixed fee packages,
 Principal Lawyer at   discounted rates and flexible   We hold Mortgage Surgeries at the following locations
 Slater and Gordon  payment options plus give you
 access to some of the country’s   Bloxwich, Bournville, Brierley Hill, Coventry, Lloyd House,

 best family lawyers.  Perry Barr, Sheldon, Stechford, West Bromwich, Wolverhampton
 If you think we could help, call us
 on 0808 175 7710      As part of our commitment to your Federation
 slatergordon.co.uk/police-law  we offer appointments to suit you
 Offices throughout the UK.  For further information contact the Federation office on
                                           0121 700 1200

                                                          or

               Call Warren & Co to find out the dates for each location


                                          01452 547783



         Your home may be repossessed if you do not keep up repayments on your mortgage.  Think carefully before securing other debts against your home
       Warren & Co are a Member Service therefore there will be no charge for administering your mortgage.
       www.polfed.org/westmids
                                                                     federation October/November 2018      33
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