The pension entitlements of you and your spouse arising from occupational or personal pension arrangements may be affected by separation or divorce.
If you or your spouse have been in a pension arrangement for some time, pensions could be a very significant part of your family assets.
If you have children or other dependants, you should also consider what would happen were you or your ex-spouse to die.
Pension rights cannot be shared out without a court order - a separation agreement cannot share out pension rights.
You should bear in mind that you and your dependants may have benefit entitlements from both your own arrangement, and your spouse's arrangement.
Family Law
The Family Law Act 1995 sets out the treatment of pensions in cases of judicial separation...
Splitting pension benefits
In recognising the value of pension benefits on separation or divorce, the court may require a proportion of your pension benefits to be paid to your spouse...
Pension adjustment orders (PAOs)
The court may serve a binding order, known as a Pension Adjustment Order on the trustees or provider of a pension arrangement...
Designated benefit
Where the court decides to make a PAO in relation to retirement benefits...
Retirement benefits
Retirement benefits are benefits payable to the member of the pension scheme on retirement or earlier withdrawal of service...
Payment of designated retirement benefit
Payment of the designated benefit would generally commence when the remainder of the retirement benefit starts to be paid to the member spouse...
Contingent benefits
Contingent benefits are the benefits payable if a scheme member dies during employment...
Civil partners and qualified cohabitants
The Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010 entered into force on 1 January 2011...
Impact of death of a non-member
If a non-member who has been granted a designated benefit under a PAO dies...
Impact of death of member spouse
If a member dies (prior to any decision to transfer the designated benefit to another scheme or policy)...
Access to information
You are not automatically entitled to receive personal information on your spouse's pension benefits, although this will be provided to you if he or she consents.
If you would like further information please contact Michael on 086 844 0541, email info@mkfinancial.ie or you can log on to the Pensions Authority website (www.pensionsauthority.ie)
Michael Keville T/A MK Financial is regulated by the Central Bank of Ireland
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