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SECTION 10: PENSIONS ON DIVORCE

Pension Sharing on Divorce was introduced in December 2000 under the powers in the Welfare Reform and Pensions Act 1999. In Scotlandthe primary legislation is contained with the Family Law (Scotland)Act 1985 subsequently amended in 2006.As part of the divorce process the assets of a marriage or civil partnership are identified and agreement is reached about how these assets or their cash value, are to be shared. Pension rights accrued by either, or both parties, may now be shared.

Where a marriage or civil partnership has broken down and the parties have separated with a view to Divorce then the first stage when a pension sharing agreement has been identified as an option (usually when one or both of the parties concerned has taken advice from a Solicitor) is for the Scheme Member to request a Cash Equivalent Transfer Value (CETV) of their pension rights in the scheme. For divorce cases to be heard in Scotland this means that the SPPA will provide a CETV for the period of marriage or civil partnership i.e. date of marriage or civil partnership to agreed date of separation. Where the divorce is to be heard in an English Court the whole of the pension rights are taken into consideration.

The following link to "Pensions on Divorce or Dissolution of Civil Partnership"  provides information and costs involved.

Queries and requests for information should be directed to SPPA or log on to our web site at www.sppa.gov.uk. which also holds application forms for CETV's.

Link to Scottish Government Website