Injury Awards
& Divorce
How Regulation B Awards Are Treated in UK Financial Settlements (2026)
Snippet Definition
Can a Police Injury Award
Be Divided in Divorce?
In the UK, a police injury award is generally treated as income rather than capital during divorce proceedings. Unlike a pension sharing order, injury awards are not usually split as an asset. However, courts may consider the award when assessing maintenance and overall financial fairness under the Matrimonial Causes Act 1973.
Section 01
Regulation B Explained
A police injury award (under the Police Injury Benefit Regulations) is a compensatory payment for a permanent disablement suffered in the execution of duty.
- Regulation B Awards: The statutory mechanism for the award.
- Injury on Duty: Requires the injury to have occurred while performing police functions.
- Disablement Bands: Rank 1-4 based on percentage of loss of earning capacity.
- Earning Capacity Assessment: How much your 'civilian' earning potential is reduced.
- vs Ill-Health Pension: A separate retirement benefit based on service and salary.
Institutional Context
Injury awards are unfunded obligations paid by the local police force, not the general pension scheme fund. They are designed to bring your income up to a minimum level based on your rank and level of disability.
Section 02
How Courts Assess Awards
"Injury awards are typically classified as income replacement, not divisible capital."
The court follows the Matrimonial Causes Act 1973, which requires a full assessment of "All the circumstances of the case".
Key legal considerations include:
- • Capital vs Income: Courts distinguish between 'matrimonial assets' and income streams.
- • Compensation: Is the award to replace a personal physical loss or to fund a family's future?
- • Judicial Discretion: Even if not shared, the award increases 'Needs' meeting capacity.
- • Clean Break: PSOs achieve a clean break; Maintenance (affected by injury awards) does not.
Impact on Needs
While the award itself isn't split, its presence reduces the officer's 'need' for other income sources, potentially allowing the court to award a larger share of the tangible pension capital to the ex-spouse.
Principle of Fairness: The court aims to ensure both parties' needs are met post-divorce. A high injury award reduces the officer's future financial vulnerability.
Injury Award vs Police Pension
| Feature | Injury Award | Police Pension |
|---|---|---|
| Nature | Compensation income | Deferred capital asset |
| Divisible? | Rarely (as capital) | Yes (via PSO) |
| Purpose | Loss of earning capacity | Retirement income |
| Court treatment | Income for maintenance | Asset for division |
Section 04
Ill-Health Interaction
Many officers receiving an injury award are also retired on ill-health grounds. This creates a dual-income stream that is often confusing during financial disclosure.
Key Components
- • Tiered Pensions: Standard vs Enhanced ill-health retirement.
- • Enhancement Factors: Future service 'credited' but subject to division.
- • Timing Risks: Retiring mid-divorce significantly changes CETV values.
Critical Timing Risk
Pension sharing values are usually based on a "Snapshot" CETV. If ill-health retirement occurs before the final order, the CETV often jumps significantly because the pension is in payment early. This can lead to a much higher award for the ex-spouse.
Complexity Warning: Always seek separate CETV vs Injury statement from your force to ensure clear separation.
Maintenance Exposure
Because injury awards are recurring monthly payments, they form part of your "Resource Base" for maintenance claims.
Spousal Maintenance: Can be significantly higher if the award increases your surplus income.
Child Maintenance: Included in CMS calculations as gross income.
CMS Calculation: Based on total HMRC-taxable + non-taxable regular income.
Distortion: A high award might 'mask' a lower base salary in assessment.
The Illustration
Officer receiving £18,000 injury award annually alongside a civilian salary. The court does not 'take' the £18k, but they may calculate that the officer can afford £400/mo more in spousal support because their basic needs are already met by the Regulation B income.
Can It Ever Be Split?
A definitive answer for Regulation B recipients.
Mechanism
There is no standard pension sharing mechanism for injury awards. You cannot issue an 'Injury Sharing Order'.
Exceptionality
Courts have broad discretion. While they won't 'split' the award, they can move other assets to compensate for it.
Finality
Once a financial order is sealed and implemented, the award remains 100% the property of the officer.
Death & Survivor Rights
Regulation B interaction with family legacy.
Post-Divorce Impact
An ex-spouse generally loses all rights to any survivor benefit attached to an injury award once the Decree Absolute / Final Order is issued, unless a specific provision is made (rare).
Remarriage Rules
Unlike some pensions, injury award provisions (for the officer) are not affected by remarriage. However, survivor pensions for a *new* spouse may be affected by the older scheme rules (1987).
- Nomination Forms check
- Cohabitation Rules apply
- Beneficiary updating critical
Strategic Risks
Capital Confusion
Mistaking the injury award for a pension asset during disclosure leads to over-settlement.
Failing to Disclose
Non-disclosure of any income stream (awards) is grounds for reopening a case years later.
Timing Exposure
Applying for IHR during proceedings without actuarial advice on CETV jumps.
Maintenance Bias
Allowing the ex-spouse's team to treat the award as taxable 'Salary' (it is non-taxable).
Classification Error
Failing to document the award as compensation for disability to gain judicial sympathy.
McCloud Interaction
Ignoring how rollback recalculations affect your base pension vs the award top-up.
Injury Award Impact Snapshot
Modelling Regulation B Income Exposure
Award Income Basis
Maintenance Exposure
Low IMPACT
Regulatory Note
Primary exposure is through future maintenance variation claims.
Disclaimer: This snapshot is for illustrative purposes only. Regulation B awards are complex and treatment varies by court jurisdiction and specific financial circumstances.
Myth vs Reality
| Myth "Injury awards are split 50/50." | Reality They are usually treated as income, not divisible capital. |
| Myth "Injury awards are untouchable in divorce." | Reality Courts consider all income sources when assessing total financial fairness. |
| Myth "Ill-health pensions are protected because they are 'disability' based." | Reality Standard retirement portions are still divisible as pension capital. |
Common FAQs
Can my ex claim my police injury award?
Generally, no part of your injury award can be 'split' like a pension. However, it is treated as disclosure income. This means your ex-spouse's legal team may argue that your total income (including the award) allows for higher spousal or child maintenance payments.
Is an injury award considered capital?
No, under Regulation B, a police injury award is typically classified as compensation for loss of earning capacity, which the courts treat as income rather than a matrimonial capital asset. It does not have a 'Cash Equivalent Transfer Value' (CETV) and cannot be subject to a Pension Sharing Order.
Does divorce affect ill-health retirement?
Divorce does not change your eligibility for ill-health retirement, but the timing of your retirement can impact your financial settlement. An ill-health pension is a divisible capital asset, whereas the injury award portion is not. These two elements must be clearly separated in disclosure.
Is a Regulation B award split?
A Regulation B injury award is almost never split directly. There is no legal mechanism for an 'Injury Award Sharing Order'. The award remains solely the property of the officer, though its presence in your income stream may influence the overall division of other assets to achieve fairness.
Does child maintenance include injury awards?
Yes, injury awards are generally included as part of your gross income when the Child Maintenance Service (CMS) or the court calculates maintenance. Because it is a regular recurring payment, it increases your total available income for the calculation of child support.
Can injury awards be offset against pension?
While they cannot be split, they can be part of the 'offsetting' conversation. For example, if an officer has a high injury award income, they might argue they need a smaller share of other matrimonial assets to meet their future needs, but this is a matter of negotiation rather than a fixed rule.
Related Resources
This guide is a core component of the Family & Financial Law Hub. For a deep dive into pension division, see our guide on Pension Sharing Orders. You can also explore the Injury Award Hub for general health rules or use our Pension Hub for retirement planning.
Disclaimer: This guide is provided for informational purposes only and does not constitute legal or financial advice. Police Injury Awards are a complex regulatory area. Always seek professional advice from a qualified family law solicitor or financial advisor specialist in police regulations.