Can I get half my spouse’s pension when we divorce?

Short answer

Possibly. The court aims for fairness, which often — but not always — means equality: 50% pension sharing is common after long marriages with a big pension imbalance, less after shorter ones. A pension sharing order transfers your share into your own pension, and it stays yours even if you remarry.

Pensions are often the biggest asset in a divorce — sometimes worth more than the family home — yet they are the asset most often dealt with badly. The court can divide them, and after a long marriage with a significant pension imbalance a 50% share is a common outcome. For shorter marriages the share is usually smaller, and pension built up after separation is generally excluded from the "matrimonial pot". The court applies the section 25 factors of the Matrimonial Causes Act 1973, aiming for fairness rather than an automatic half.

The three ways pensions are split

Pension sharing — the cleanest route: a percentage of one spouse's pension is transferred into the other's own pension arrangement at the time of divorce, with no ongoing connection. Once the share is yours, it is yours forever — remarriage does not affect it.
Offsetting — one spouse keeps their pension and the other takes more of the house or savings. Common, but it risks undervaluing what a pension is really worth.
Attachment — rare: the pension stays in the original owner's name and a share is paid out when it comes into payment. Attachment orders lapse if you remarry.

Getting the valuation right

The standard valuation is the Cash Equivalent Value (CEV), but for defined benefit (final salary) pensions the CEV can seriously understate the income the pension will actually deliver. For DB schemes or pensions worth over £100,000, a report from a Pensions on Divorce Expert (PODE) actuary is strongly recommended. Expect provider implementation fees of roughly £500–£2,000 for a sharing order, usually paid by the member whose pension is shared.

If your spouse will not disclose their pensions, the court can order disclosure and draw adverse inferences from silence — hiding a pension is contempt of court — and the Pension Tracing Service can find forgotten pots. The same framework applies to civil partnerships under the Civil Partnership Act 2004. Whatever you agree, embed it in a court order: a pension sharing order only exists once the court makes it.

Read the full guide: Pension Sharing on Divorce: What You Need to KnowCovers eligibility, the process, deadlines, and next steps in depth.

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