Pensions—the state pension
Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper LLP
Pensions—the state pension

The following Family guidance note Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper LLP provides comprehensive and up to date legal information covering:

  • Pensions—the state pension
  • State pension age
  • Legal challenge by women born in the 1950s
  • Old state pension scheme—key points
  • New state pension—key points
  • Summary of key differences between the old and new state pension schemes
  • Obtaining information for the disclosure process
  • Acting for a party without full entitlement to a basic state pension—substitution
  • Contracting out
  • Pension sharing and the new state pension scheme
  • more

This Practice Note provides guidance on:

  1. the old state pension scheme for those reaching state retirement age prior to 6 April 2016, and

  2. the new state pension scheme for those reaching state retirement age on or after 6 April 2016

The state pension may be overlooked on divorce, dissolution or judicial separation, because it may be perceived as worth little on retirement or because its structure and/or the possibilities available to meet the parties’ financial needs are not understood. Full information regarding state pension interests should be obtained during the financial disclosure process using Form BR19 (state pension statement estimating entitlement) and Form BR20 (which will provide a cash equivalent (CE) valuation of any shareable rights) to ascertain the position. Both parties should complete Forms BR19 and BR20 to get a full picture of their state pensions.

The Department of Work and Pensions (DWP) has published a guidance note regarding state pension changes and pension sharing post 6 April 2016, see: Information about the reform of the State Pension system and State Pension sharing on divorce and nullity (including overseas proceedings) and on the dissolution and annulment of a civil partnership (including overseas proceedings) for people reaching State Pension age from 6 April 2016 (DWP, February 2016).

State pension age

As of November 2018, the state pension age has been equalised for