Family & Financial
Law for Police Officers
UK 2026 Comprehensive Authority Guide
Featured Definition
What Is Family & Financial Law for Police Officers?
Family & financial law for police officers involves how defined-benefit pensions, injury awards, death-in-service benefits, overtime income and statutory police regulations interact with divorce, child maintenance and major life events. Standard family law advice often fails to account for these scheme-specific complexities.
Section 01
Why Police Finances
Are Different
The financial architecture of a policing career is built on statutory instruments and regulatory frameworks that differ from the private sector. When these interact with the legal system—especially the Family Court—standard calculations often misrepresent the true value of an officer's position.
Defined-Benefit Pensions
Unlike a pot of money, the 1987, 2006, and 2015 schemes guarantee income for life, making them incredibly valuable and complex to value during divorce.
Ill-Health & Injury
Enhancements for officers injured on duty create non-standard income streams that require nuanced legal positioning in financial settlements.
Death-in-Service
With grants of up to 3x salary, these are significant protective assets. Nomination errors after separation lead to massive litigation risks.
Overtime Volatility
Fluctuating RDD/Bank Holiday claims and allowances make 'representative income' difficult to define for maintenance purposes.
Section 01b
Family Leave
& Pay
The police maternity and family leave framework is a high-stakes regulatory environment where Occupational Maternity Pay (OMP), Statutory Maternity Pay (SMP), and pension rights intersect. Navigating the 63-week service rule and repayment obligations early is essential for long-term financial stability during your leave.
Live Family Leave Guides
Cluster 01
Divorce & Separation
Snippet Target
Is a police pension included in divorce?
Yes. Under the Matrimonial Causes Act 1973, police pensions are considered matrimonial assets. They are shared via a Pension Sharing Order based on their Cash Equivalent Transfer Value (CETV), or valued as part of an 'offsetting' agreement against other assets like the family home.
When an officer separates, the pension is often the largest financial asset—often exceeding the value of the family home. Dealing with it correctly requires specialized knowledge of the 1987, 2006, and 2015 schemes.
The court must decide how to achieve 'fairness'. This could mean a Pension Sharing Order (giving the ex-spouse their own pension credit) or Offsetting (the officer keeps the pension, but the spouse gets more of the house equity).
Divorce Authority Guide →Institutional Reality
Officers in the 1987 scheme often face 'pension disparity' issues during settlements due to the high CETV of the scheme compared to 2015 members. This requires expert actuary evidence to ensure the valuation is representative of the true future benefit.
Cluster 02
Pension Sharing
& CETV
Snippet Target
What is a police pension sharing order?
A Pension Sharing Order (PSO) is a court decree that transfers a specific percentage of an officer's pension Cash Equivalent Transfer Value (CETV) into a separate pension record for their ex-partner. This allows both parties to have their own independent pension income at retirement, reflecting the marital contribution.
The Implementation Gap
Once a PSO is granted, the pension scheme administrators (like XPS or local force providers) carve out the share. This results in a permanent reduction in the officer's pensionable service and future annual income. Calculating the exact impact on your retirement age and monthly take-home is critical before signing any consent order.
The CETV (Cash Equivalent Transfer Value) is the number the court uses to value the pension. However, CETVs can change rapidly due to interest rate fluctuations and government legislation (such as the McCloud remedy). Relying on an outdated CETV durante divorce negotiations can lead to a significant over-payment or under-payment.
Cluster 03
Injury Awards
& Settlements
Snippet Target
Is an injury award split in divorce?
Technically, a Police Injury Award (Regulation B) is not a 'pension' and cannot be shared via a Pension Sharing Order. However, it is considered as 'other financial resources'. Its value as a lifelong income stream is typically 'offset' against other assets, or included in maintenance calculations, impacting the final settlement distribution.
Because an injury award is designed to compensate for future loss of earning capacity, it is an 'income asset' that belongs specifically to the officer whose career was ended. Nevertheless, the Family Court has massive discretion. If the award creates a significant income disparity, the court may compensate the spouse elsewhere.
Read Injury & Divorce Guide →Key Risk: Periodic Reviews
Injury awards are subject to Regulation 37 reviews. If your award is reviewed and reduced after a divorce settlement was finalized, you could be left with a permanent financial shortfall. Professional positioning in the consent order is vital to protect against this 'review risk'.
Cluster 04
Death in Service
& Survivor Benefits
Snippet Target
Who receives police death-in-service benefits?
Lump sum Death Grants are paid to the person(s) nominated on your expression of wish form. Survivor pensions are automatically payable to a legal spouse or civil partner. In the 2006 and 2015 schemes, cohabiting partners may also qualify if they meet two-year cohabitation and financial interdependence criteria.
The Nomination Risk
In almost every case of disputed death benefits, the issue is an outdated nomination form. If you separate and do not change your nominee, the force may be legally obligated to pay the lump sum to your ex-partner, even if you are in a new relationship.
Survivor pensions vary wildly by scheme. The 1987 Scheme is particularly restrictive—if an officer leaves service and then marries, that spouse has no automatic rights to a survivor pension. This 'post-retirement marriage' trap is one of the most overlooked risks in police financial law.
Cluster 05
Child Maintenance
& Overtime
Snippet Target
Does police overtime count for child maintenance?
Yes. The Child Maintenance Service (CMS) bases assessments on gross taxable income from HMRC. This includes all overtime pay, shift allowances, and bonuses. If overtime earnings cause your annual income to rise by 25% or more above the initial assessment, you are legally required to notify the CMS of the change.
Friction often arises when a one-off period of high overtime (such as a major operation or public order event) sets a baseline for child maintenance that the officer cannot sustain. Understanding how to properly report income fluctuations to the CMS is essential for preventing debt accrual or overpayment.
Maintenance Guide →Income Consistency
The CMS usually looks at 'average' gross income over the previous tax year. However, if your current monthly income has significantly dropped (e.g., you stopped public order work), you can apply for a variation. This requires precise evidence from your payslips, showing where overtime was temporary rather than a core salary component.
Cluster 06
Maternity & Family Leave Pay
Snippet Target
How does police maternity pay work?
Police officers with 63 weeks of continuous service by their Expected Week of Childbirth (EWC) receive 18 weeks of full Occupational Maternity Pay (OMP), followed by half pay plus SMP, then SMP only, and finally an unpaid period to 52 weeks. OMP is repayable if you do not return to duty for at least one month. Pension accrual continues during paid leave, with options to buy back service for unpaid periods.
Key Risks Officers Miss
- Miscalculating Qualifying Week / EWC dates
- Underestimating pay cliff at SMP-only
- Repayment exposure if not returning
- Allowances often cease in later phases
- Pension gap in unpaid weeks and buy-back window
- KIT days can add income but require agreement
- SPL may reduce total enhanced pay vs standard maternity route
Section 02
Authority FAQ
Can my ex-spouse claim my police pension?
Yes. Under the Matrimonial Causes Act 1973, police pensions are considered matrimonial assets. A court can issue a Pension Sharing Order, which transfers a percentage of the pension's Cash Equivalent Transfer Value (CETV) into a separate pension record for the ex-spouse. Alternatively, the pension value can be 'offset' against other marital assets like equity in the family home.
How is CETV calculated for police pensions?
The Cash Equivalent Transfer Value (CETV) represents the lump sum value of your accrued pension benefits at a specific point in time. For police schemes (1987, 2006, 2015), it is calculated by scheme actuaries using specific factors including age, years of service, and salary. It is not simply the sum of your contributions; it reflects the cost to the scheme of providing your lifetime indexed pension.
Is Tier 2 ill-health enhancement included in divorce?
Generally, yes, if the officer has already retired. The total value of the pension in payment is usually subject to CETV valuation. However, if the enhancement is specifically an 'Injury Award' (Regulation B), it is often argued that this compensates for future loss of earning capacity and should be treated differently from the retirement pension portion. Legal advice is critical here.
Can injury awards be offset in a financial settlement?
Yes, though it is legally complex. While an injury award might not be shared via a Pension Sharing Order (as it is not technically a 'pension' in the same regulatory sense), its value as a secure, lifelong income stream can be 'offset'. This means the other party might receive a larger share of other matrimonial assets (like the house) to balance the financial disparity caused by the injury award income.
What happens to a police survivor pension after remarriage?
This depends on the specific scheme. Under the 1987 scheme, survivor pensions usually cease if the recipient remarries or cohabits. Under the 2006 and 2015 schemes, survivor pensions are typically 'payable for life' regardless of whether the survivor remarries. This is a crucial distinction for long-term financial planning and settlements.
Do cohabiting partners have pension rights?
In the 2006 and 2015 schemes, cohabiting patterns are eligible for survivor benefits provided they have lived together for at least two years and are 'financially interdependent'. In the 1987 scheme, cohabiting partners generally have no automatic rights to a survivor pension; benefits are strictly limited to spouses and civil partners.
Does police overtime affect CMS payments?
Yes. Child Maintenance Service (CMS) assessments are based on 'gross taxable income' as reported to HMRC. This includes all overtime, shift allowances, and bonuses. Because police overtime can fluctuate significantly, officers may need to report changes to CMS if their annual income varies by more than 25% from the initial assessment.
Is police pension survivor benefit automatic?
For legal spouses and civil partners, yes. However, the 'Death Grant' (the lump sum payout) is usually paid according to your expression of wish nomination form. If you have not updated your form after a divorce or remarriage, the money may be paid to an ex-partner, requiring legal intervention to challenge. Always keep your nominations current.
Does a death-in-service grant override a divorce settlement?
Not necessarily. While the pension scheme pays the grant to the nominee, a court can make orders regarding the distribution of death benefits as part of a financial settlement. However, if no such order exists, the scheme trustees will typically follow the officer's nomination unless there are exceptional circumstances.
Are pension contributions refunded after separation?
No. Pension contributions are not 'savings' that can be withdrawn upon separation. They buy you a right to a future income. In a divorce, the value of that right is shared, but the contributions themselves remain in the scheme (unless you leave the service with less than 2 years of service and opt for a refund).
Regulatory Framework Overview
This guide is constructed upon the following primary statutory instruments and regulations. Understanding these ensures you are referencing the correct legal basis during your financial settlements.
Police Pension Regs 1987
The foundational regulations for 'old scheme' members, defining complex commuted lump sums and strict survivor criteria.
Police Pension Regs 2006
Introduced life-long survivor pensions and changed the accrual foundation for the service.
Police Pension Regs 2015
The current CARE (Career Average Revalued Earnings) scheme which most officers now accrue benefits in.
Matrimonial Causes Act 1973
The primary legislation governing divorce process and the court's power to share financial assets, including pensions.
CMS Regulations
The secondary legislation defining how gross taxable income and overtime are assessed for child support obligations.
Police (Injury Benefit) Regs 2006
The statutory basis for specialized Regulation B injury awards and their characterization as income enhancement.
Explore Related
Financial Law Guides
Divorce & Separation
Statutory rights & property
Pension Sharing
CETV & implementation
Injury Awards
Offsetting & income risks
Child Maintenance
Overtime & commission impact
Death in Service
Survivor & lump sum rights
Cohabitation
Unmarried partner parity
Authority Statement
Navigating the intersection of family law and police regulations requires specialized knowledge. While standard solicitors may understand the Matrimonial Causes Act, they often lack the technical depth required to challenge an inaccurate CETV or protect an injury award from offsetting. This hub provides the foundation you need to secure your financial future through evidence-based regulation knowledge.
Disclaimer: This hub is provided for informational purposes only and does not constitute legal or financial advice. Police regulations and family law are subject to judicial change. Always consult a specialist family lawyer with specific experience in police cases.