Entitlement to pension

As expert family law solicitors, one of the most common questions we get asked, is whether or not a spouse is entitled to a share of their partner’s pension upon divorce.

Recently, we acted for a husband whose marriage of 15 years had come to an end. His wife, who had worked throughout their marriage and was the main earner, believed that her pension was hers alone and her husband did not have any right to it.

After talking with the husband, we advised him that his wife’s pension is what is known as a ‘marital asset’. This meant that he was entitled to a share of it, despite the fact that it was in only his wife’s name. We explained that the law sees his financial contribution to the marriage as equal, even though he was not the main ‘bread winner’.

In the end, our client was awarded a share of the pension. This will, upon retirement, result in him having the same income and lump sum as his ex-wife.