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Pensions

This section contains a range of information resources on how pensions and divorce. This includes guides to valuing pensions and also options for sharing pensions by methods such as offsetting or attachment.
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Pensions in Ancillary Relief
A very useful article on pensions in divorce written by Tom Tyler from the four brick court website.
Pension Options in Divorce
This article provides an introduction to the three main ways of dealing with pensions in the event of divorce - namely: Offsetting, Pensions Sharing and Attachment.
Pension sharing - an introduction

Pension sharing does not necessarily mean a 50/50 but it is often the starting point. Much depends on whether all the other assets have been dealt with. The experience and knowledge of your lawyer and that of your stbx may also come into play. There are no straightforward formulae it will (should) all depend on the circumstances of your case.

A divorce under Scottish Law is different because only the value gained during the marriage is taken into account. The CETV (Cash Equivalent Transfer Value) is a crude but the simplest way of putting a value on the pension.

Pension Valuations
There is some argument about whether pension accumulated prior to the marriage should be included or excluded (that’s one for the lawyers).

If the outcome will definitely be a pension sharing or attachment order, then there is a good argument for not spending good money calculating whether the CETV is reasonable. However, this assumes that the way that the shares are implemented is not detrimental to either or both parties. Often they are not, and this is an important area where actuaries can and should add value.
sharingpensions

Sharing Pensions is a website focused on annuity rates, annuity quotes, pensions and retirement planning including long term care annuities. To value a defined benefit pension scheme on divorce, use the online valuation to produce an Actuarial Report and compare this to the CETV from the provider.

Use of the BDM Express Pension Valuation - Scottish Law

Notes on the use of Bradshaw Dixon & Moore's Express Pension Valuation (EPV) for cases under Scottish Law

The Pensions Advisory Service
The Pensions Advisory Service (TPAS), is an independent voluntary organisation that is grant-aided by the Department for Work and Pensions. TPAS provides information and guidance to members of the public, covering State, company, personal and stakeholder schemes.
DWP Study into Pensions on Divorce
The qualitative study reported here is one of three studies commissioned by the Department of Social Security and undertaken in 1998 by Social and Community Planning Research (now the National Centre for Social
Research) to monitor the impact of new legislation on the treatment of pension rights on divorce.
Independent valuation - to do, or not to do?

How to decide whether you should consider doing independent actuarial valuation of a pension.

FORUM DIGEST: Pensions: Pension offsetting/Maskell v Maskell, and beyond?

A digest of the posts in the ‘Pensions: Pension offsetting/Maskell v Maskell, and beyond?’ Forum. Pertinent Case Law and Legal Articles; Pension Offsetting and the 25% ‘Rule’.

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