Divorcing a
Police Officer UK
How Pension Sharing, Injury Awards and Financial Settlements Work in Practice (2026)
Essential Definition
What Happens When You Divorce a Police Officer?
In the UK, a police officer’s pension, injury awards and income are treated as financial assets during divorce proceedings. The court can order pension sharing, offsetting or attachment orders under the Matrimonial Causes Act 1973. Police pensions are defined-benefit schemes and require specialist actuarial valuation to ensure fairness.
Section 01
The Regulatory Basis
The process of dividing assets when a police officer divorces is governed by several core pieces of UK legislation and regulation. Unlike private sector divorces, the complexity of the Police Pension Scheme (PPS) adds layers of statutory requirement.
- Matrimonial Causes Act 1973: The primary law for financial orders.
- Welfare Reform and Pensions Act 1999: Established pension sharing.
- Police Pension Regulations <strong class='text-teal-400'>(1987, 2006, 2015)</strong>: The scheme rules.
- McCloud Remedy <strong class='text-teal-400'>(2015 impacts)</strong>: Crucial for valuation accuracy.
Principle of Full Disclosure
Under family law, both parties must provide "full and frank disclosure" of all financial assets. For a police officer, this extends beyond basic salary to include assets tracked in the Officers Hub:
Police Pensions in Divorce Settlements
Is a police pension included in divorce? Yes. In the vast majority of cases, the pension is the most valuable asset after (or even including) the family home.
| Feature | Police DB Pension | Private DC Pension |
|---|---|---|
| Structure | Defined Benefit (Guaranteed) | Defined Contribution (Investment) |
| Valuation | CETV (Actuarial Formula) | Fund Value (Pot size) |
| Inflation | CPI Linked Protection | Depends on annuity/fund |
Because police pensions are "unfunded" defined benefit schemes, their true value to a spouse is often significantly higher than the Cash Equivalent Transfer Value (CETV) suggests. Detailed analysis of these values can be found in our Pension Hub.
Section 03
The Sharing Order Process
A Pension Sharing Order (PSO) is the most common way to divide a police pension. It creates a "Pension Credit" for the ex-spouse. For a complete tactical breakdown, see our dedicated guide to Police Pension Sharing Orders Explained.
Step-by-Step Flow
- 1. Full financial disclosure & Form E.
- 2. Request CETV from XPS or Scheme Admin.
- 3. Actuarial analysis of "true value" and "income gap".
- 4. Negotiation or Court Order for a % share.
- 5. Implementation by the scheme administrator.
Strategic Risks
McCloud Impact
The "remedy period" (2015-2022) means many officers have been rolled back into legacy schemes. This significantly impacts the CETV and requires specialist recalculation for divorces involving service during this window.
Warning
Failing to account for McCloud in your financial settlement could lead to an undervalued share or a significant future claim.
Police Divorce Impact Tool
A lightweight model to illustrate how a Pension Sharing Order might impact your annual retirement income.
This tool is for illustrative purposes only. Actual pension sharing depends on CETV valuation, the McCloud remedy period, and specific court orders.
CETV – Why It Underestimates
The Cash Equivalent Transfer Value (CETV) is the amount the scheme would pay to transfer your benefits to another provider. In the police context, this rarely reflects the actual cost of purchasing an equivalent inflation-linked income on the open market.
Actuarial Tip
Always consider a PODE (Pensions on Divorce Expert) report. For a few thousand pounds, it can identify tens of thousands in "hidden" value that a basic CETV misses.
Injury Awards & Financial Settlements
A Regulation B Injury Award is NOT the same as a pension. It is compensation for the loss of ability to earn. Because it is non-contributory and relates to disability, courts often treat it as income for maintenance rather than a matrimonial asset to be shared.
Divisible Capital?
Generally no. It cannot be "shared" like a pension, but its presence affects the overall "needs" assessment of both parties.
Child Maintenance & Overtime Volatility
The CMS (Child Maintenance Service) calculates payments based on gross income. For police officers, this includes:
- Basic Salary
- Regular Overtime
- London Weighting / Regional Allowances
- Bonus payments
The Overtime Trap
If you have a high-overtime year (e.g., during a period of national unrest), your CMS assessment will spike. It is crucial to notify the CMS if your income drops by 25% or more in the subsequent year to avoid overpayment.
Police Divorce Myths
| Myth "My ex automatically gets half my pension." | Reality Courts assessment fairness; it depends on marriage length and other assets. |
| Myth "Injury awards cannot be touched in a settlement." | Reality They are disclosed and significantly impact the "income needs" assessment. |
| Myth "If I quit the force, they can't have the pension." | Reality Deferred pensions are still matrimonial assets and a PSO can still be applied. |
Strategic Considerations
Early Actuarial Advice
Don't wait for court. Get a shadow valuation early to understand your real exposure.
Mediation over Litigation
Court battles are expensive and exhaustive. Mediation often preserves more capital for both parties.
Ill-Health Retirement Timing
Divorce during an active IHR process requires extremely specific expert input.
Transparency Obligations
Hiding assets results in severe penalties and can void a final order years later.
Frequently Asked Questions
Is a police pension split 50/50 in divorce?
There is no automatic 50/50 split. The court starts with the principle of equal sharing of matrimonial assets but adjusts based on the length of the marriage, the needs of both parties, and the 'offsetting' of other assets like the family home.
Can my ex-wife claim my police pension?
Yes, a police pension is considered a matrimonial asset. An ex-spouse can claim a portion of the pension through a Pension Sharing Order, an Attachment Order, or by 'offsetting' the value against other assets like property.
Does divorce affect my police pension age?
Divorce does not change the age at which you can draw your pension, but a Pension Sharing Order will reduce the amount you receive. If your ex-spouse becomes a shadow member, they will usually draw their share at their own normal pension age.
Can my ex claim my police injury award?
Generally, injury awards (Regulation B) are considered compensation for loss of earning capacity and are often treated as income rather than divisible capital. However, they are disclosed and can influence maintenance payments.
What is a pension sharing order?
A Pension Sharing Order (PSO) is a court order that legally transfers a specific percentage of one person's pension credit to their ex-spouse. Once implemented, the ex-spouse holds their own independent 'pension credit' within the scheme.
Do I lose my pension if I remarry?
No. Modern police pension schemes (2006 and 2015) do not stop payments upon remarriage. However, survivor benefits for a new spouse will depend on the nominations and the specifics of the 1987, 2006, or 2015 schemes.
Is overtime included in divorce settlement?
Yes, overtime is considered as part of your total income. Courts look at a 12-month average to account for fluctuations. While not capital, it directly affects the calculation of spousal and child maintenance.
Related Resources
Further Reading
Interactive Tools
Disclaimer: This guide is provided for informational purposes only and does not constitute legal or financial advice. The Police Pension Scheme is complex and individual circumstances vary. Always seek professional advice from a qualified family law solicitor or financial advisor.