Pension sharing in a needs case – W v H (divorce financial remedies) [2020] EWFC B10

Sarah Higgins CRSB Law

Pension sharing in a needs case (W v H (divorce financial remedies) [2020] EWFC B10). The court gives consideration to the Pension Advisory Group report. The judge in this case provides guidance on the following three main issues in a needs case (the majority of financial cases): 1. Should a pension be divided by the capital or income value if the aim is to promote equality? Normally in a needs case the court should look to equality of income as a pension generally is intended to provide income during retirement. 2. Should a premarital portion of a pension be excluded from division? This will often be unfair because the division will often not meet the needs of the party who did not make the premarital contribution. 3. When should a pension be offset? The judgment explores the difficulties in offsetting pensions both from the point of view of meeting housing needs and in practice as to what the fair offsetting value would be.

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