Pension attachment orders vs pension sharing

REVIEWED BY: Sean McNamara on 2026-09-01

Pensions are often one of the largest assets in a divorce, and the family court has two main ways to divide them: pension attachment orders and pension sharing orders, both made under the Matrimonial Causes Act 1973 (and equivalent provisions in civil partnership dissolution). They are very different in effect — choosing wrongly can cost tens of thousands of pounds.

Pension sharing orders

The pension is cleanly divided at the point of divorce. A percentage of the scheme member's pension rights is transferred to the other spouse as their own pension credit — either within the same scheme (internal transfer) or to a new scheme of their choice (external transfer).
Once made and implemented, the connection is severed. The ex-spouse controls their pension credit; when the member dies afterwards, there is generally no continuing claim on their pension.
Pension credits can usually be invested, transferred, or left to grow independently.
Implementation is handled by the pension scheme on receipt of a qualifying pension sharing annexed order; schemes commonly charge a fee and impose timescales.

Pension attachment orders

The order directs the scheme to pay part of the member's benefits to the ex-spouse when the member draws them — sometimes at retirement, sometimes earlier for lump sums.
The link persists for life. The ex-spouse's income depends on when (and whether) the member retires, takes lump sums, and on the member's later decisions.
If the member dies before benefits are paid, the ex-spouse's entitlement can disappear — there is no "pot" that was set aside. This is the single biggest drawback.
Attachment orders were the original mechanism before pension sharing was introduced and are now relatively uncommon, but they still have niche uses (for example, where a scheme cannot be shared, or in specific unallocated fund situations).

Practical comparison

| Point | Sharing | Attachment | | --- | --- | --- | | Clean break at divorce | Yes | No | | Depends on member's retirement timing | No | Yes | | Lost if member dies before payment | No (credit exists independently) | Yes, generally | | Control by ex-spouse | Full over the credit | None until paid | | Scheme admin complexity | Higher | Lower |

How pensions are valued in financial remedy

The Cash Equivalent Transfer Value (CETV) is the usual starting figure, but CETVs are not always comparable between schemes — a public sector final-salary CETV often understates true value compared with a defined contribution CETV of the same size.
Judges may order pension expert reports where the difference in value is material.
Under the Family Procedure Rules 2010, Part 25, a single joint expert is usually appointed rather than rival experts.
Offsetting (keeping the pension in exchange for other assets), sharing and attachment are the three routes the court weighs under section 25 of the Matrimonial Causes Act 1973 factors.

Official sources

Not legal advice

YourFamilyCase.co.uk is an independent information site, not a law firm. We take no referral fees and nothing here is legal advice or financial advice. Pension division is highly technical — take advice from a family solicitor and, ideally, a pension expert before agreeing to any order.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.