Divorce is never simple, but when one partner has a military or armed forces pension, the stakes are even higher. These pensions are often the most valuable asset in a marriage, sometimes worth more than the family home. If you’re facing divorce and your partner has a military pension, understanding your rights and the technicalities is essential to securing your financial future.

What Counts as Military or Armed Forces for Pension Purposes

For divorce and pension sharing, “military” or “armed forces” includes the British Army, Royal Navy, Royal Air Force (RAF), and the Royal Marines. Reservists and members of the Military Provost Guard Service (MPGS) may also be covered under the Armed Forces Pension Schemes. Always check your partner’s specific service branch and pension scheme to confirm eligibility.

1. Why Military Pensions Matter in Divorce

Military pensions are not just another savings pot—they’re a guaranteed income for life, often with inflation protection and survivor benefits. For many families, the pension is the largest financial asset, especially if the serving partner has a long career. Unlike some private pensions, military schemes can be generous and complex, with benefits that continue for decades. If you’ve supported your partner through deployments, relocations, or career sacrifices, you may have limited pension savings of your own. The law recognises this, treating pensions as matrimonial assets to be divided fairly.

2. Spouse entitlement to military pension uk

If you’re the non-serving partner, you may have a legal right—known as spousal entitlement—to a share of your partner’s armed forces pension. This entitlement recognises the contributions and sacrifices made by both parties during the marriage, especially where one spouse’s career or pension savings have been limited by service life. You can benefit in several ways:

• Pension Sharing Order: The court can order a percentage of the pension to be transferred into a new pension pot in your name, reflecting your spousal entitlement. This gives you independent control and a “clean break.”

• Pension Earmarking: You may receive a portion of the pension income when your ex-partner starts drawing it, though this doesn’t offer a clean break and can be affected by future changes.

• Pension Offsetting: You might agree to keep more of another asset (like the family home) in exchange for your ex keeping their pension, but ensure the values are properly calculated.

To help you understand the value of your spousal entitlement, you can use the Armed Forces Pension Calculator to project benefits and inform your negotiations. Always act before the Final Order (Decree Absolute) is granted, as it’s extremely difficult to claim a share of the pension afterwards.3. Valuing a

3. Military Pension: Getting It Right

Military pensions are complex and can be tricky to value. The cash equivalent transfer value (CETV) provided by the scheme may not reflect the true worth, especially for older or more generous schemes. Survivor benefits, index-linking, and commutation options can all affect the value. It’s wise to seek specialist actuarial advice or use resources like Veterans UK to get accurate figures. Don’t underestimate the pension’s value—many people do, and it can cost them dearly in the settlement.

4. Legal Steps to Secure Your Share of an Armed Forces Pension

To ensure you benefit from your partner’s armed forces pension, you need a court order—specifically, a pension sharing order. This order must be included in your financial settlement and approved by the court before the Final Order (Decree Absolute) is made. Without a court order, the pension provider will not divide the pension. When negotiating, be clear about the percentage you’re seeking and ensure all paperwork is complete and accurate. If you’re self-representing, use the information provided by Veterans UK and the Forces Pension Society to understand the rules and gather the necessary documents.

5. Considerations and Common Pitfalls

Armed forces pensions have unique rules. Survivor benefits, inflation protection, and commutation options can make them more valuable than they first appear. It’s easy to make mistakes—such as relying solely on the cash equivalent transfer value (CETV) or failing to account for future changes in service or pension rules. Always check whether your partner’s scheme has special provisions for early retirement, ill-health, or death in service. If you’re unsure, seek specialist advice or request a detailed breakdown from the pension administrator.

6. Offsetting and Other Settlement Options

If you don’t want a share of the armed forces pension, you might consider offsetting—trading your claim for a larger share of another asset, such as the family home. This can be practical if you need immediate housing security, but it’s vital to ensure the values are properly calculated. Armed forces pensions often have benefits that are hard to replicate elsewhere, so think carefully before agreeing to offset. Document every agreement in writing and make sure it’s included in your consent order for legal protection.

7. Tax, Payment, and Survivor Benefit Issues

After a pension sharing order is implemented, your share of the armed forces pension will be held in your own name and paid directly to you at retirement. This income is taxable, so factor this into your future financial planning. If your ex-partner dies before retirement, survivor benefits may be affected—check the scheme rules carefully. Some armed forces pensions offer protection for ex-spouses, but not all do, so clarify what you’re entitled to before agreeing to any settlement.

Can I get my ex husband's military pension if he dies? If your ex-husband dies before retirement, your entitlement to his armed forces pension depends on the scheme rules and whether a pension sharing order was in place. Generally, once a pension sharing order is implemented, your share becomes independent and is not affected by your ex’s death. However, if you relied on earmarking or had no formal order, survivor benefits may not automatically pass to you. Always check the specific scheme’s rules to understand your rights in these circumstances.

8. Impact on Children and Family Support

Dividing an armed forces pension can affect the overall financial support available for children. If you receive a share, it may improve your long-term security and ability to provide for your children. Consider how other military benefits—such as Continuity of Education Allowance or housing support—might change after divorce. If you’re the primary carer, make sure these issues are addressed in your settlement and parenting plan.

9. Actionable Steps to Protect Your Interests

• Request a full pension statement and CETV from Veterans UK or the relevant armed forces pension administrator.

• Get specialist advice if the pension is a major asset—don’t rely on estimates.

• Include your pension claim in the financial settlement and ensure it’s part of the consent order.

• Act before the Final Order is granted; after that, it’s extremely difficult to claim a share.

• Document every agreement and keep copies of all correspondence.

Conclusion

Armed forces pensions are often the most valuable asset in a divorce. If you’re the non-serving partner, don’t underestimate their worth or leave your claim to chance. Take practical steps, get accurate valuations, and ensure your share is protected by a court order. With careful planning, you can secure your financial future and provide stability for yourself and your children.

Disclaimer: This article is for informational purposes only and does not constitute legal, financial, or tax advice. Outcomes in divorce and pension matters may vary depending on individual circumstances and the evidence submitted to the court. Always consider seeking professional support for your specific situation.