Your ex-spouse can potentially claim a share of your pension even decades after your divorce. There is no automatic time limit on pension claims unless a legally binding financial settlement, such as a consent order, is made during the divorce to formally end all financial ties, including pension rights. To protect yourself from future claims, a court-approved arrangement like a pension sharing order is required to divide assets and achieve a “clean break.”
Does divorce automatically end financial claims?
No. This is one of the biggest misunderstandings in family law.
A divorce legally ends the marriage, but it does not automatically end financial claims between former spouses. Until a financial order is approved by the court, financial ties, including claims against pensions, can remain open.
Can my former spouse really claim my pension years later?
Potentially, yes.
Many people assume that financial claims expire after a certain number of years. They do not. There is no automatic time limit. A former spouse may bring a claim years, or even decades, later unless a court order has closed the door.
This is why the question “how long can a former spouse claim my pension after divorce?” arises so frequently.
Wyatt v Vince – the case everyone should know about
A well-known example is Wyatt v Vince.
The parties divorced more than 20 years earlier and never obtained a financial order. Despite the length of time that had passed, the wife was still allowed to bring a financial claim.
This case highlights the serious risk of leaving finances unresolved after divorce, particularly where one party later builds up significant assets or pension provision.
Common misconceptions
“We agreed everything between ourselves – that’s enough.”
Unfortunately, an informal agreement is not legally binding unless it is approved by the court and turned into a formal order.
“There were no assets when we divorced, so there was nothing to deal with.”
Circumstances change. Pensions can grow significantly over time, and future wealth can still be taken into account.
“My divorce was finalised years ago, so everything must be finished.”
Not necessarily. Divorce and financial settlement are separate legal processes.
When can’t my former spouse make a claim?
A former spouse will usually be prevented from making a claim if the court has approved one of the following:
- A clean break order
- A consent order (including any pension sharing arrangements)
- A final financial order
These orders bring financial claims to an end and provide certainty for the future.
What if I’ve remarried?
If you have remarried, this does not prevent your former spouse from bringing a claim.
If your former spouse has remarried, they may lose certain rights to make financial claims, but this is highly fact-specific. Specialist legal advice is essential to understand how remarriage affects your individual situation.
How to protect yourself from future pension claims
If you are unsure whether your finances were properly resolved at the time of divorce, you may need:
- A Consent Order
- A Clean Break Order
- Advice on pension sharing or pension offsetting
Taking advice now can prevent costly and stressful claims in the future.
Key points to remember
- Divorce does not automatically end financial claims.
- There is no time limit on pension claims without a court order.
- Claims can arise many years after divorce.
- A clean break provides long-term clarity and security.
Concerned about pension claims after divorce?
If you are unsure whether your former spouse can still make a claim against your pension, or you need advice on putting a financial order in place, our family law specialists can help.
Call Woolley & Co, Solicitors on 0800 321 3832 or complete our short online form to arrange a free 30-minute initial call with an experienced divorce and family law solicitor and get clear advice on protecting your financial future.
Mark Betteridge
Family law solicitor, Hertford
