Police pensions are often the largest asset in a marriage—sometimes even more valuable than the family home. If you’re divorcing a police officer, understanding your rights, the technicalities of the schemes, and how to protect your spousal entitlement is essential.

1. Why Police Pensions Are Important in Divorce

Police pensions provide a guaranteed, inflation-linked income for life, with valuable survivor benefits and options for early or ill-health retirement. For many families, the pension is the most substantial financial asset. If you’ve supported your partner through shift work, relocations, or career sacrifices, you may have limited pension savings of your own. The law recognises this, treating police pensions as matrimonial assets to be divided fairly.

2. What Counts as a Police Pension

Police pensions include the Police Pension Schemes 1987, 2006, 2015, and 2021. These schemes cover regular officers, some civilian staff, and those who have transferred service from other public sector schemes. If your ex is a police officer, check which scheme(s) they are a member of, as the rules and benefits can differ.

3. Spousal Entitlement and Legal Rights

As a spouse, you have a legal right—known as spousal entitlement—to a share of your ex-partner’s police pension. This recognises the contributions and sacrifices made during the marriage. Pensions can be split in three main ways:

• Pension Sharing Order: The court awards a percentage of the pension to the non-officer spouse, creating a separate pension pot in your name. This is the most common and provides a clean break.

• Earmarking Order: You receive a portion of the pension income when your ex retires. However, this does not provide a clean break and can be affected if your ex dies or remarries.

• Offsetting: You may agree to keep more of another asset (such as the family home) in exchange for your ex keeping their pension. Ensure the values are properly calculated and documented.

4. Valuing a Police Pension

Valuing a police pension is not straightforward. The Cash Equivalent Transfer Value (CETV) provided by the scheme may not reflect the true value, especially for older schemes or those with ill-health retirement options. Survivor benefits, commutation (taking a lump sum), and index-linking can all affect the overall worth. It’s wise to seek specialist actuarial advice or use a police pension calculator to get accurate figures. Don’t underestimate the pension’s value—many do, and it can cost them dearly in the settlement.

5. Legal Steps and Timing

To secure your share, you must obtain a court order—specifically, a pension sharing order—before the Final Order (Decree Absolute) is granted. Without a court order, the pension provider will not divide the pension. Request a full pension statement and CETV from the police pension administrator early in the process. If you’re self-representing, ensure all paperwork is complete and accurate, and include your pension claim in the financial settlement.

6. Common Pitfalls

• Underestimating the Pension’s Value: Many spouses rely solely on the CETV, missing out on the true worth of the pension.

• Ignoring Ill-Health or Early Retirement Provisions: Police pensions often have generous provisions for early or ill-health retirement, which can increase the value.

• Not Planning for Future Changes: Consider possible changes in your ex’s retirement age, scheme reforms, or career moves.

• Failing to Document Agreements: Always document every agreement in writing and ensure it’s included in your consent order.

7. Survivor Benefits, Death, and Remarriage

If your ex dies before retirement, your entitlement depends on the scheme rules and whether a pension sharing or earmarking order is in place. With a pension sharing order, your share becomes independent and is not affected by your ex’s death or remarriage. With earmarking, payments may stop if your ex dies or you remarry. Always check the specific scheme’s rules to understand your rights in these circumstances.

8. Impact on Children and Family Support

Dividing a police 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 police benefits—such as housing or education allowances—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 for Self-Representing Parties

• Request a full pension statement and CETV from the police 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.

10. Practical Tools and Resources

Use police pension calculators and scheme guides to understand your options. Keep copies of all correspondence, statements, and agreements. If you’re unsure, seek help from a specialist or support group for police families.

Conclusion

Police pensions are often the most valuable asset in a divorce. If you’re the non-officer spouse, don’t underestimate your spousal entitlement 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—even if your ex retires early, remarries, or dies.

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.