Pensions and Divorce or Dissolution of a Civil Partnership
Since the 1970's courts have had to take account of the value of pension rights in divorce and nullity of marriage settlements so that these could be offset against other assets in financial settlements.
Pension Regulations have, since 1995, contained provisions whereby maintenance (known as earmarking) can be paid from a member's pension to their ex-spouse under a Court order.
From 1 December 2000 new "Pensions Sharing" regulations came into force with respect to divorce or annulment (but not judicial separation) proceedings which commenced on or after that date.
You and your partner will need to consider how to treat your pension rights as part of any divorce/dissolution settlement. You can divide your pension by offsetting your pension rights, earmarking orders or take advantage of pension sharing orders.
You will need specific information about your LGPS benefits for divorce/dissolution purposes, including judicial separation or nullity. You or your solicitor should contact Wiltshire Pension Fund for specific information including an estimate of the cash equivalent value (CEV) of your pension rights.
You usually get one free CEV estimate each year. Any other costs for supplying information or complying with a court order will be recovered from you and/or your ex-spouse or ex-civil partner in accordance with a schedule of charges.
In the event of divorce or dissolution of a civil partnership, you may wish to get legal advice from your solicitor on how to deal with your LGPS benefits.
You can find more information in our employee guide Pensions and divorce or dissolution of a civil partnership.
Cash equivalent value (CEV)
This is the cash value of your pension rights for the purposes of divorce or dissolution of a civil partnership.
Life cover
As a member of the LGPS you have valuable life cover in the form of a lump sum. If you have previously nominated your ex-spouse or ex-civil partner to recieve this, you may want to fill in a new expression of wish form.
Wiltshire Pension Fund, Wiltshire Council - Bythesea Road,Trowbridge, Wiltshire, BA14 8JN.
© 2009 Wiltshire Pension Fund.
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