How are pensions split on divorce in Scotland?

In Scotland only the part of a pension built up during the marriage or civil partnership, up to the relevant date, is matrimonial property. That is shared equally unless special circumstances justify otherwise. The relevant date is the earlier of the day you stopped living together or the day the divorce summons was served.

What counts

The part built during the marriage
Only the proportion of the pension referable to the marriage, before the relevant date, is matrimonial property under the Family Law (Scotland) Act 1985.
The relevant date
The earlier of the date you stopped living together and the date the divorce or dissolution summons was served.
Equal sharing
Matrimonial property is shared equally unless special circumstances justify something else.
Agreement without a court order
In Scotland a pension can be shared by a legally binding agreement between you, as well as by a court order.

How this differs from England and Wales

In England and Wales the court considers the whole pension along with everything else either of you owns, whenever it was built up, and has a wide discretion over the split. The Scottish rule draws a line at the marriage, so a pension built mostly before it is largely left out.

In Scotland the pension you built before the wedding stays yours. Only the years of the marriage are shared.

Related questions

Does a pension built before the marriage count in Scotland?

No. Only the part referable to the marriage, before the relevant date, is matrimonial property.

What if we separated years before the divorce?

The relevant date is the earlier of separation and service of the summons, so pension built up after you separated does not count.

Do we have to go to court?

No. In Scotland a pension can be shared under a legally binding agreement between you.

Where this fits

Knowing what the shared part is worth is where the negotiation starts.

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The advisers for this subject

Sunny Bharj

Sunny Bharj

Independent Financial Adviser

Tony Springer

Tony Springer

Independent Financial Adviser

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