PSI3.5.3 - Membership of Schemes: Pension Sharing on Divorce – Background


(This archived guidance relates to HMRC discretionary practice before the 6th April 2006. For current guidance on Registered Pension Schemes see the Registered Pension Schemes Manual)

A divorcing couple might not always view either asset offsetting or attachment/earmarking orders as ideal ways of reaching a financial settlement in relation to pension matters. In the case of an attachment/earmarking order, for example, the pension rights remain in the name of the scheme member and the maintenance payments will only be paid to the ex-spouse for as long as the pension is paid to the scheme member. Also, the maintenance payments might not be paid at all if the scheme member dies before the pension is paid.