What if one of us has health issues that affect life expectancy?

Not every divorce starts from the same place. If one spouse has a serious health issue it can affect how long their pension is expected to be paid and that can change the balance of what feels fair.

This is one of the trickiest areas in pensions on divorce, because it mixes complex financial calculations with deeply personal circumstances. Here’s how we handle it.

Why Health Matters in Pensions

Pensions are designed to provide an income for life. That means the expected length of life directly affects their value:

  • If someone is expected to live a long time, their pension is potentially more valuable

  • If someone is expected to live a shorter time, their pension is potentially worth less

So, in standard actuarial terms, a serious health issue that reduces life expectancy will usually lower the calculated value of a pension.

But What About Enhanced Annuities?

Here’s where it gets more complicated. In the “real world” outside divorce:

  • Someone with a health condition might qualify for an enhanced annuity that pays them a higher income than average, precisely because their life expectancy is shorter

  • That means the actual purchasing power of their pension fund could, in practice, be higher than a standard calculation suggests

So while the actuarial model tends to reduce the pension’s value, the availability of enhanced annuities shows that there can be different interpretations of what that pension is “worth”.

A PODE’s role is to explain both perspectives, so that the court (and the parties) understand the trade-offs.

How a PODE Handles Health Issues

A PODE won’t go digging into your medical history, but if health is raised by the parties (or their solicitors), it can be factored in by:

  • Medical evidence: a doctor’s letter or consultant’s report may confirm a life-limiting condition

  • Adjusted assumptions: where life expectancy is significantly reduced, the calculations will take this into account

  • Contextual explanation: the PODE can highlight how, in the open market, someone in poor health might actually get more income per £1 of pension savings (via enhanced annuities)

When It Makes a Difference

Health issues are only taken into account if they are:

  • Clearly evidenced, not just suspected

  • Serious enough to have a material effect on life expectancy

  • Relevant to the pensions being assessed (minor conditions usually don’t affect the numbers)

If life expectancy is only slightly shorter than average, no adjustment may be made. But with major, well-documented health problems, it can be unfair to ignore them.

The Emotional Side

It can feel uncomfortable - even harsh - to put a “value” on ill-health. But it’s not about making anyone’s situation worse. It’s about making sure neither spouse gains or loses unfairly because of circumstances beyond their control.

The Bottom Line

If one of you has a serious health condition, it may affect how pensions are valued in divorce. A PODE can take this into account - but only if it’s likely to change the numbers in a meaningful way.

The key is fairness: the aim is not to penalise anyone for being unwell, but to ensure that the financial settlement reflects the reality of your lives.

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