Page 12 - Insight Issue 2 _ 2018

Police Pensions

on Divorce

or Dissolution

Georgina Chase
Principal Lawyer in Family Law
at Slater and Gordon

Police pensions are often the most valuable asset Because of the various options available for the division
on divorce and yet, due to their complexity, a of pension assets upon divorce or dissolution, there
great deal of confusion surrounds them. Officers are many myths surrounding them. For example, the
who do not seek guidance from an expert often recipient of a Pension Sharing Order in relation to a
find themselves provided with incorrect and often police pension does not receive an immediate lump
sum equivalent to the “share” and will have to wait until
misleading advice from well-meaning others.
their 60th birthday to realise any benefits. Further, if
Following a separation it is important to get advice the person having their pension deducted has already
about the financial arrangements surrounding your retired, they will experience an immediate deduction
pension including how the courts are likely to deal with in any income they are already receiving, even if the
the pension as part of any overall financial settlement, recipient might not receive theirs for a number of
as there are various options available including Pension years, because they are not yet 60 years old.
Sharing Orders or offsetting against other assets, such
as savings or equity in a family property. When deciding how to deal with your pension, and
other matrimonial assets, the Family Court will consider

In complicated divorce cases, particularly those where a number of different criteria and it may be that a
the pension is already in payment due to retirement Pension Sharing Order may not be the best outcome
or ill health, it is not uncommon for it to be necessary based on the length of your marriage, the value of your
to seek advice from a pension actuary who provides a pension, your length of service and the value of the
report about the different pension needs and options other matrimonial assets. For example, if a marriage is
within the court process. The conclusions reached short, a court might prefer to “offset” any interest in
in such reports may prove critical in informing the pension funds generated during the marriage by way
court about how issues in relation to pensions held by of a smaller lump sum. No two situations are the same
both parties should be resolved. It is very important and you should have a lawyer who understands these
you have a lawyer who is confident from the outset, complexities and how the different circumstances
ensuring the correct questions are asked and to might affect the outcome.
vigorously challenge any conclusion, making certain
your interests are properly protected.

“ It is very important you If you would like specialist advice from a

have a lawyer who is confident family lawyer please contact Slater and

Gordon on 0808 175 7710 and we’ll
from the outset... be happy to help.
”

12 Insight Magazine of Merseyside Police Federation - Issue 2 of 2018 • www.merpolfed.org.uk