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Family Law Blog

Comment on divorce & family law 

Delay settlements with public sector pensions?


If you hope to get a share in your spouses' pension then it just might be wise to wait a while.

One of our specialist divorce lawyers was an officer in the RAF and she reminds me that previously announced changes are soon to come into effect (9th April). The full info on how this will be dealt with is yet to be provided but the Armed Forces Pension website says:

"Currently, the earliest age a Pension Credit Member (PCM) can draw their pension resulting from PSG is age 65.

For all PSGs sealed after 6 April 2009, PCMs can draw their benefits from age 55. Any PCMs who had their PSG sealed before 6 April 2009 can apply to have their pension actuarially reduced and paid from age 55.

"Factors are not yet available to work out the actuarial reduction and when these become available more details will be posted with details as to how to apply."

So, some people may not have to wait until 65 to start using the pension monies to help. Divorce and pensions is a difficult area so be sure to take specialist family lawyer advice, in conjunction with a specialist IFA.


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The Armed Forces Pension Authority are expecting a deluge of applications which will undoubtedly lead to delays in responses.

It should also be born in mind that many Armed Forces Pensions, (in common with other schemes) have a tax free capital payment element, that can be taken first and the income part, taken later.  Expert advice is needed but if you are facing redundancy or needing some capital, this may be one option that is open to you.  The downside will be the capital sum will be less than if you leave it where it is but this could be the bail out some ex-spouses need….

By Karen Agnew-Griffith on Thursday February 12, 2009

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