Protecting pensions in divorce settlements
Recent research suggests that poverty rates amongst divorced pensioners are rising, with women coming off worse than men, mainly due to pensions being overlooked during the divorce settlement.
According to the Office for National Statistics, in 2024 there were 1.5 million divorced people aged 65 or older in England and Wales, around three times the number recorded in 2002, with the poverty rate within this group rising too.
Figures from the Department for Work and Pensions (DWP) show that pensioner poverty rose from 15.7 per cent in 2012/13 to 18.6 per cent in 2023/24, with indications suggesting that the rise has largely been driven by an increase in poverty amongst single pensioners.
Separate research highlights a pronounced gender pension gap among UK divorcees, with women accumulating 61 per cent less in pension wealth than men, amounting to £53,160.
This is mainly because pensions are often not considered as assets in a divorce settlement, by those who are not represented by a solicitor.
In fact, a 2023 study on how assets are shared in divorce found that only 11 per cent of divorcees with a pension yet to be drawn made an arrangement to share it.
Interestingly, research by the Money and Pensions Service found that only four in 10 UK adults knew that pensions could be included as part of a divorce settlement, including just under half of those who had previously been divorced.
Commenting on the research, Roger Isaacs, Forensic Partner at Milsted Langdon, said: “Pensions are often one of the most valuable assets a couple builds up during a marriage, yet they’re consistently overlooked when it comes to divorce settlements.
“This is a real concern, particularly for those approaching retirement, who may have pension pots from early in their career that they had long forgotten about.
“That is why obtaining advice from a solicitor in a divorce is so important, notwithstanding that it can seem expensive for those with modest means.
“Even asking an Artificial Intelligence search engine for help is better than nothing, but, as is often the case, those who know that it is important to ask about pensions in divorce are typically not the same people whose pensions get overlooked.”
