Pension Adjustment Order & Divorce

[cavanman2015]

I am judicially separated just over 4 years ago and in the process of proceeding to a divorce. As part of the judicial separation, PAOs were executed. The current PAO on my pension scheme states that my ex receives non of my retirement pension / retirement lump sum, but does receive significant death in service / death in payment benefits from the start date of my pension scheme up to the date of judicial separation . The PAO has a section 12/26 blocking order. The judicial separation states that this is a full and final settlement and the only orders sought on divorce will be a divorce order. I have only one pension scheme.

I have two questions

(1) Can my ex attempt to claim part of the retirement pension / lump sum that I have accumulated since the judicial separation? In other words, does the section 12/26 blocking order also cover pension assets accumulated since the judicial separation?
(2) If I divorce, does my ex still receive receive the death in service & death in payment benefits ? (I wish that she does)

Thank you in advance for any help. I originally posted this in Law section but have re-posted in pensions section

 

[Steven Barrett]

A pension adjustment order specifies the time period that the order applies to and the percentage of your pension that she is entitled to. In the case of your pension, she will have what is called a Nil PAO. The time period given will amount to 1 day i.e the period of pensionable service between 06 February 2020 and 07 February 2020. She will be entitled to a percentage of 0.0000000001% of those benefits. In other words, nothing. They put this in place to show that it has been agreed and she can't claim pension benefits in the future.

The order on death benefits is a contingent order and is separate to the pension order. If you leave your current employer, the order ceases. If you divorce, you can ensure the order transfers over. You can also provide the trustees of the scheme and expression of wishes form telling them where you would like the money to go on death. If they aren't legally compelled to leave it to your ex already, you can say you want it to go to her. The expression of wishes is not a legal document though. If it gets messy in any way, the trustees will just pay the money to your estate and let the solicitors decide where it goes.


Steven
http://www.bluewaterfp.ie (www.bluewaterfp.ie)

 

[cavanman2015]

Thank you for your very detailed reply it is much appreciated. As you can imagine, this is very stressful.

So what I understand is that

(1) my accumulated retirement pension and lump sum up to or since the date of the judicial separation cannot be accessed by my ex on divorce as there is already a "Nil PAO" on them with a blocking order. In order words, the court cannot change this provision.

(2) However, the contingent death in service and death in payment benefits will stop on divorce unless they are incorporated into the divorce order as she is no longer my spouse post divorce

 

[Steven Barrett]

(2) However, the contingent death in service and death in payment benefits will stop on divorce unless they are incorporated into the divorce order as she is no longer my spouse post divorce

You should speak to your solicitor on it as they will be the expert. From my experience, what is in the judicial separation will be in the divorce settlement. I do not know the legal basis for this and whether one party can change it, I just execute the instructions (usually on the pension side). They same would apply to the pension side as well.


Steven
http://www.bluewaterfp.ie (www.bluewaterfp.ie).