What’s a pension attachment order?

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A pension attachment order is an instruction from the court which requires a pension scheme to pay benefits directly to an ex-spouse/civil partner when the Pension Debit Member retires. This is the least common option of the two orders because the pension benefits between the two parties remain as one. This means:

  • The Pension Debit Member decides when benefits come into payment, even where 100% of the benefits have been earmarked – they can delay taking them.
  • If the Pension Debit Member retires early or leaves the Scheme, the benefits may be less than you originally expected to receive.
  • If the Pension Debit Member dies before retiring, then any benefits due to you at your normal retirement age will be lost, as the attachment order will be automatically lapsed by the court unless otherwise specified in the order.
  • The pension attachment order ceases to apply upon the death of either party and in most cases, upon your remarriage - though this is dependent on the order. It’s your responsibility to inform us if you remarry.

Unlike a pension sharing order, attachment orders can be varied after they’ve been granted, although this must be done through the court.

Final salary scheme - Applying for your pension attachment order

You won’t receive a pension until the pension member draws their retirement benefits, even if their entire benefits in the Scheme were included in the earmarking order.

Last Updated: 22/11/2024 10:36