Pension Sharing – The receiving scheme insists you take financial advice

Posted September 6th, 2010

Pension sharing is a confusing and complicated part of any divorce settlement and there are many issues to be aware of before proceeding.  Some examples include:

  • The fairness of a cash equivalent transfer values (CETV).
  • Internal transfer or external transfer?
  • Moving target syndrome?
  • Default options.

Therefore, it was a refreshing change to be contacted by a client this week who had received notification from her pension provider (Prudential) that she HAD to take financial advice before they would agree to accept the pension sharing order.

To avoid the pitfalls above it is important to take financial advice from a competent adviser, preferably one who is a Resolution Accredited Independent Financial Adviser (See link here).   You may also wish to employ the services of an actuary that advises on pension and divorce cases.

If this is you and you are looking for financial advice on a pension sharing matter or if you require further information, please contact me on 0800 092 1229 or email advice@thedivorceifa.co.uk

Pensions & Divorce: Drawdown transfer charge removed

Posted August 2nd, 2010

Thankfully, HMRC has retreated from its stance on drawdown to drawdown transfers between age 50 and 55. The alternative name for drawdown is unsecured pension (USP)

Previously, an unauthorised payment charge was applied on the income drawn where an individual over 50 but under age 55 transfers their pension in payment to another provider. The charge was 55%.

This mainly caught those who tried to transfer to another pension provider before the minimum pension age increased from 50 to 55 on 6 April 2010.

It pleasing that HMRC has moved to remove this wrinkle from the pension landscape. Hopefully, (although I doubt it) this is the first of many changes from the coalition government.

If this affects you or you require any further assistance, please contact us on 0800 092 1229 or email advice@thedivorceifa.co.uk

How is a pension asset valued?

Posted March 19th, 2010

The prescribed method of valuing a pension for divorce purposes, whether the pension rights are to be subject to pension offsetting, pension attachment or pension sharing is the Cash Equivalent Transfer Value (CETV).

The CETV is the capital value of the pension rights as calculated by the scheme actuary or the pension provider. This valuation method is used where the pension is being accrued or is not yet in payment.

Where the pension is actually in payment, a different valuation basis needs to be used. This is the cash equivalent of benefit (CEB) calculation and it does give a capital value which can be shared, offset or earmarked. If you google the Martin-Dye v. Martin-Dye judgement you can find more information out on this valuation basis.

Neither calculation (CETV or CEB) is subject to standard actuarial methods and each defined benefit scheme will use a different valuation basis.

I cannot emphasis how important understanding this aspect of pensions and divorce is to maximising your settlement. Scrutinise the value to decide whether it represents fair value.

If you need further assistance with your CETV or CEB feel free to contact me for a confidential chat.
phil@thedivorceifa.co.uk or 0800 092 1229