Can I choose which pension gets shared?
When couples divorce, pensions are often among the biggest assets that need dividing. A question that comes up time and again is: Can I pick which pension gets shared?
The short answer is: sometimes yes, sometimes no. There is flexibility, but there are also limits set by the law, pension scheme rules, and the principle of fairness.
What the Law Allows
The rules do not require every pension to be split. If one spouse has several pensions, it is possible that only one of them is subject to a Pension Sharing Order (PSO). The law simply requires that all pensions are (normally) taken into account when working out what a fair financial settlement looks like. Once the whole picture is understood, the parties and the court can agree that sharing one particular scheme achieves the right balance.
What Choosing a Pension Means in Practice
On paper, choosing sounds straightforward: “Let’s just split this one.” In reality, it depends on the details. Some pensions are easier or cheaper to share than others. Some carry valuable guarantees, death benefits, or special rules that make them more attractive to keep intact. Others may involve high fees or restrictions that make them poor candidates for sharing.
For example, you might agree that a specific defined contribution pension is shared because it can be transferred cleanly, while a complex defined benefit scheme is left untouched. Or the reverse might be true - the defined benefit pension could provide the fairest long-term income split, making it the better choice.
When Choice Becomes Limited
There are situations where you cannot simply insist on which pension is shared. If choosing one scheme would create unfairness, perhaps because it leaves the other spouse with lower income in retirement. Some schemes also have their own rules about how sharing can be implemented, and not every pension is shareable at all.
The Role of the PODE
This is where a Pension on Divorce Expert makes the difference. The PODE looks at all the pensions in play, explains their true value, and highlights the practical and financial consequences of sharing one scheme versus another. Their report helps everyone see whether selecting one pension is a workable solution, or whether a combination of pensions needs to be shared instead.
The Bottom Line
You can sometimes choose which pension is shared, but not always. All pensions must be considered, and the final decision has to be both fair and practical. In some cases, sharing a single pension works well; in others, it may be wiser or necessary to spread the order across more than one scheme.
The key is to get expert input early. The report provided by a PODE can guide you through the options, so that whichever pension is shared, the outcome is balanced, realistic, and ready to stand up in court.