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How should my pension be treated during divorce?

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  • 2nd_time_buyer
    2nd_time_buyer Posts: 807 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    edited 18 February 2024 at 8:37AM
    I guess a rough estimate of the difference in value between cash and pension could be between 20 and 42% (basic/higher tax relief and whether that is through salary sacrifice) as mentioned by @400ixl.

    ... From that, you would have to take away associated professional/legal fees in setting up the pension sharing which would be lost to both of you 

    However, the value of keeping things amicable might well be worth much more than could be gained. Particular where there will be an ongoing relationship regarding the children.

    If you can explain and come to a fair understanding on the difference in value between pension/cash, perhaps you can come to an agreement where she returns some of the cash. 

    But massive respect to you both for coming so far and not being at each others throats.
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    400ixl said:
    If she took that £50k as cash to live on and then decided to salary sacrifice the equivalent into her workplace pension that could be worth considerably more with the tax and NI avoidance.

    So £50k could be a big overpayment in the balance of things.
    This isn't a massive amount even @ 40% (and there may be some income tax when taking the pension).

    I guess it depends how much you need the money vs how much you want to argue.
    solicitors time is expensive and there's an emotional/mental cost to arguing in the sense that solicitors do (quite confrontational).

    If you are relatively comfortable financially (and you've already given up the cash) then you could just agree and settle it all between yourselves for a few hundreds and then it's done.
    Make sure it's done formally so there's no come back on either side i.e. financial order.
  • Hello - these guides may help you. Best of luck with getting it all resolved. 

    https://www.mediateuk.co.uk/the-ultimate-guide-to-pensions-on-divorce/
    https://www.mediateuk.co.uk/guide-to-a-financial-consent-order/

    The best option is not one that could be realistically answered here, unfortunately. It may be worth speaking with a PODE (Pension on Divorce Expert) and/or a financial planner. 
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