Q&As

Where a pension is already in payment, would a pension attachment order in relation to that pension cease in the event of death or remarriage and would the pension attachment order be capable of being varied?

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Produced in partnership with Tori Adams of 4 King’s Bench Walk
Published on: 15 July 2019
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A ‘pension arrangement’ is defined in section 25D(3) of the Matrimonial Causes Act 1973 (MCA 1973) as including an occupational pension scheme, a personal pension scheme, a retirement annuity contract and an annuity and a pension that is in payment.

In accordance with MCA 1973, ss 25B–25D, a pension attachment order is an alternative arrangement to a pension sharing order in relation to a pension arrangement and can be used where there is a decree of judicial separation, where a pension sharing order cannot be used, or in cases of divorce or nullity. Pension attachment orders require part, or all, of a party’s pension income to be paid to their ex-spouse. This can be made as a tax-free lump sum, the income payable on taking pension benefits or a lump sum

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Jurisdiction(s):
United Kingdom
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Key definition:
Pension attachment order definition
What does Pension attachment order mean?

A form of periodical payments/lump sum order available to the court in divorce, dissolution, nullity and judicial separation proceedings (issued after 1 July 1996).

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