Vanda James is head of Birketts’ award winning South East Family Law Team, with 30 years’ experience of family law issues
Q: I am getting divorced after 25 years of marriage and am worried about how pensions are divided. My husband was the main earner and has a large pension, while mine is minimal because I had time off to raise our children. Will I have any say in how the pensions are shared as I don’t want to struggle in retirement?
Vanda says: "I am sorry to hear that you and your husband are divorcing after such a long marriage. I am sure this must feel quite daunting, especially when it comes to resolving the finances. However, please be assured that pensions are considered a matrimonial asset, just like property, and you absolutely will have a say in how they are divided.
"When it comes to a fair division of the assets, you will not be prejudiced for having taken time out of employment to raise your children. In fact, any parent who takes a career break to look after the children will be treated as having made an equal contribution as the parent who has worked and earned the money. Therefore, your husband will not receive a greater share of the matrimonial assets simply because he went to work. The court will consider you both to have made an equal contribution to the welfare of the family, albeit in different ways.
"When agreeing what an overall settlement might look like, there are three general aspects to consider: income, capital and retirement. As part of this, a court would take into account various different factors (known as the Section 25 Criteria) which include the length of your marriage, your respective income and earning capacities and the standard of living enjoyed prior to the marriage breakdown.
"Pensions are part of the family resources and will be shared fairly.
"Often, in circumstances such as yours, they will be divided in a way that provides equality of income in retirement for you and your husband.
"This is usually achieved by a Pension Sharing Order which means that a share of your husband’s pension will be credited to you so that it provides you with a similar level of income as he will have in retirement. This could mean that you will need a higher percentage of the pensions because women typically live longer than men.
"However, it is important to remember that your situation is unique and therefore, your priorities will differ depending on your age and how you see your future.
"If you decide that having more liquid capital now is more important you may decide to have a smaller pension share, but that is entirely your choice.
"As you will have gathered, sharing the finances – and, in particular, the pensions – can be complex. I always recommend that in conjunction with speaking to a solicitor, you also take advice from an independent financial advisor and a pension expert before making any financial decisions. In summary, making sure you have proper advice at the outset from the right advisors will make certain that securing both your future and that of your children is a priority."
About Vanda James
Vanda has nearly 30 years’ experience and is an expert in all aspects of family law including divorce, cohabitation and children cases. She specialises in complex financial cases and has notable expertise in international child relocation and other highly sensitive matters. Vanda’s approach includes providing clear advice and a strategic way forward. She also regularly advises upon and drafts pre-nuptial and post-nuptial agreements.
She has been ranked in legal directories Legal 500 and Chambers UK consistently for the last 17 years. The 2024 edition of Chambers states: “Unarguably, Vanda is one of the strongest matrimonial finance solicitors in Kent”.
Another solicitor said: “She’s approachable and responds very effectively to achieve a favourable outcome for her clients. She’s an absolute pleasure to work with.”
Vanda is the former President of Kent Law Society and was also identified in 2023 as one of the top 10 pioneering family lawyers transforming matrimonial law in Kent by Business Today.
Vanda James has been a trained collaborative lawyer since 2006 and is a member of Resolution.
