Divorcing a
Police Officer
Written for the husband, wife, civil partner or ex-partner of a police officer. What part of the police pension you can ask for, what your own pension credit would look like, why half the value is rarely half the income, and how to get the figures if the officer will not share them.
Independent information, not advice · Sources checked 19 October 2026 · England and Wales unless stated
You can ask for a share of the police pension, and in England and Wales the court must take it into account. Nothing is automatic. A pension sharing order gives you your own pension in the police scheme, paid for life from 60, 65 or State Pension age depending on the scheme, which cannot be transferred out and carries no survivor's pension. Half the transfer value often buys much less than half the income, so get the figures checked before you agree, and do not apply for the final order until the financial order is made.
What you can ask for, in short
If you are married to, or in a civil partnership with, a police officer and you are separating, the police pension is often the largest thing either of you owns. It is also the asset most people misunderstand, because it does not behave like a personal pension. This guide is written from your side: what the rules give you, what they do not, and the questions to ask before you sign anything.
- The court must consider it. In England and Wales the court has to take pension benefits into account, even ones not payable for years (Matrimonial Causes Act 1973 s.25B(1)).
- Nothing is automatic. There is no rule that a spouse gets half. The finances are settled by agreement (made binding by a consent order) or by the court.
- Three ways to deal with it: a pension sharing order (you get your own police pension), offsetting (you get more of the house or savings instead) or an attachment order (you get part of the officer's pension when it is paid).
- A share is your own pension, for life. It is not affected by the officer's death, retirement date or remarriage, or by your remarriage.
- But it is paid late and on its own terms: at 60, 65 or State Pension age depending on the scheme it came from, with no transfer out and no survivor's pension.
- Half the value is not half the income. The Pension Advisory Group warns that equal division in a uniformed service scheme such as the police can give very unexpected outcomes.
- Timing matters. Until the final order you are still a spouse for death benefits. Do not apply for the final order before the financial order is made.
Scots law is different: only the part of the pension built up between the marriage and the relevant date (usually separation) counts, and the order has to reach the scheme within two months of the extract decree. See police divorce in Scotland. Northern Ireland has its own divorce law and is not covered on this page.
Pension sharing orders exist only on divorce, dissolution of a civil partnership or annulment: section 28 of the Welfare Reform and Pensions Act 1999 lists the orders that can share a pension, and they are all made in those proceedings. If you lived with a police officer without marrying, you cannot get a share of the police pension when you separate, however long you were together.
While you are together, the 2006 and 2015 schemes can pay a survivor's pension to a cohabiting partner who meets the conditions. In the 2015 scheme the joint declaration requirement was removed in 2018, but you must still show you lived together and were financially dependent or interdependent, normally for at least two years (reg 135). That ends when the relationship does. Read cohabitation and police pensions.
Your pension credit: when it is paid and what it comes with
When a pension sharing order is carried out, the officer's pension gets a "debit" and you get a "credit" of the same value (WRPA s.29(1)). For a police pension the credit is not paid out as a pot of money. You become a pension credit member of the police scheme, with your own pension under the rules of the scheme the shared pension came from.
| 1987 scheme (PPS) | 2006 scheme (NPPS) | 2015 scheme (CARE) | |
|---|---|---|---|
| When your pension credit is paid, unreduced | Age 60, or from the date the order takes effect if that is later | Age 65 | Your State Pension age |
| Earlier payment | Not before 60 | Not before 65 | The 2015 regulations let a credit member claim from normal minimum pension age (55 now) with an early payment reduction (regs 126 and 50(1)(c)). We could not confirm how administrators price that reduction |
| Lump sum | Optional: you can give up some pension (up to a quarter) for a lump sum, capped at 2.25 times the annual pension. Not available if the officer had already commuted before the order | Automatic: four times the annual pension at 65, unless the share came from a pension already in payment | Optional: £12 of lump sum for each £1 of yearly pension given up, within the tax limits. Not available if the officer had already taken a lump sum before the order |
| If you are terminally ill (life expectancy under a year) | The whole pension can be taken as a lump sum of 5 times the annual pension | 5 times the pension at 65 | 5 times the annual amount |
| If you die before it is paid | A lump sum of 2.25 times the annual pension | A lump sum of 3 times the pension at 65 | A lump sum of 3 times the pension as if at State Pension age |
| Transfer out to your own pension | Not allowed (reg F10A) | Not allowed (reg 79) | Not allowed (reg 180(3)) |
The ages come from the regulations and the Government Actuary's Department guidance for each scheme. If the shared pension came from two schemes (for example 1987 service and 2015 service), you will have two credits, paid at two different ages. The administrator will tell you the amount of each and when it starts.
The other rules that apply to your credit:
- It is paid for life and is your own right: the 2015 regulations say "payment for life", and the officer's later death, remarriage or retirement date do not change it.
- It keeps pace with prices before it starts. The credit is increased under the Pensions (Increase) Acts (CPI) until it is paid.
- It cannot be transferred out to another pension, and you cannot pay in more or buy extra benefits.
- Your remarriage does not affect it. The Scottish Public Pensions Agency says so in terms; the regulations attach no remarriage condition to credits.
- No survivor's pension. Nothing is paid to a new partner or dependants when you die, only the lump sum in the table if you die before it starts.
- No ill-health early payment, except the terminal illness lump sum (Home Office Circular 004/2003 and the regulations).
- 2015 early payment from 55. The regulations allow it, with an early payment reduction. We could not confirm how administrators price that reduction, or whether the rise in the minimum pension age to 57 from 6 April 2028 (Finance Act 2022) applies to credit members. Ask the administrator.
- State Pension age can move. If it changes, a 2015 credit is paid at the new age with no adjustment (GAD guidance). Under current law it is 67 for people born between 6 March 1961 and 5 April 1977 and 68 for people born after 5 April 1978. Check yours on GOV.UK.
If the officer had retired before the order, the share comes out of a pension in payment. Your credit is still paid at your own scheme age, not straight away, unless you are already past it. And in the 2006 scheme a credit from a pension in payment does not carry the automatic lump sum (a "disqualifying pension credit" under the tax rules). See divorce after police retirement.
Why half the CETV can mean much less than half the income
This is the point most people miss. The Pension Advisory Group's guide to pensions on divorce (second edition, 2024) says that where one party has a pension with "a uniformed service public sector scheme (such as the Armed Forces or the Police), equal division of CE can lead to very unexpected outcomes", and that such cases need expert input. There are four reasons:
- The officer's pension starts earlier than yours. A 1987 scheme officer with 25 years' service can draw a pension from 50; a 2015 scheme officer can draw an unreduced pension at 60. Your credit starts at 60, 65 or State Pension age. The same capital value spread over fewer years of payment buys a smaller yearly pension.
- The debit is a share of pension, the credit is a share of value. The officer's pension is cut by the percentage in the order (for example half the pension built up). You receive a credit of the same transfer value, which the scheme turns into a pension at your age using its own credit factors. The two yearly amounts are not the same.
- The officer's debit can change. It rises with inflation and is then adjusted for when the officer actually retires. In the 1987 scheme, an officer who keeps serving after the share can see the debit grow beyond inflation; in the 2006 and 2015 schemes, retiring early reduces it. None of that changes your credit.
- You may wait years with nothing. The Pension Advisory Group notes that a 1987 share can cut a pension in payment straight away while the former spouse waits until 60.
| Scheme the shared pension came from | Officer: earliest unreduced pension | You: pension credit, unreduced |
|---|---|---|
| 1987 scheme | After 25 years' service, from age 50; after 30 years, at any age | Age 60 (or when the order takes effect, if later) |
| 2006 scheme | Age 55 | Age 65 |
| 2015 scheme | Age 60 (reduced pension possible from 55) | Your State Pension age (reduced pension possible from 55) |
Take an officer with 10 years in the 2015 scheme, all at the top of the constable scale (£52,015 from 1 September 2026). On our pension engine's assumptions, the pension built up so far is about £10,298 a year in today's money, payable unreduced at 60.
A 50% pension sharing order cuts that by 50%: a debit of about £5,149 a year, before inflation and retirement timing adjustments. The officer keeps about £5,149 a year from 60.
Your credit is 50% of the transfer value, not £5,149 a year. It is paid from your State Pension age: 7 years after 60 if you were born between 6 March 1961 and 5 April 1977, 8 years if you were born after 5 April 1978. How much yearly pension that value buys depends on the scheme's credit factors, which we do not reproduce. That is the gap a pension on divorce expert measures.
Because of this, the Pension Advisory Group says that in cases decided on needs with significant defined benefit pensions, the right analysis will often be to divide the pensions to equalise incomes, which usually needs a pension on divorce expert (PODE). An income-equalising share is often a higher percentage than half. Our police pension divorce calculator shows the difference on your own figures, and our PODE guide explains when an expert report is worth paying for.
Police-specific traps a partner should know about
Appendix I of the Pension Advisory Group's guide lists features of uniformed service schemes that catch people out. Some mainly affect the officer, but they shape what the officer will offer you, so it helps to recognise them. The guide is published under an open licence (CC BY 4.0); the points below are summarised from it and from the Government Actuary's Department guidance.
| Police-specific trap | What happens | What to ask |
|---|---|---|
| A 1987 CETV taken just before 25 years' service | The Pension Advisory Group calls it an undervalue: at 24 years the officer's deferred pension is payable at 60, at 25 years from 50 | When does the officer reach 25 years? Would a valuation after that date be very different? |
| Mixed 1987 and 2015 service | PAG says the value of the 1987 benefits can actually fall as the officer works past 30 years, because of the way debits are treated | Does the expert model the officer's likely retirement date, not just the CETV? |
| The officer serves on after reaching an immediate pension | The CETV assumes the pension could be paid now, so the debit can grow well beyond inflation if the officer keeps working. PAG's example: a £10,000 debit that could be as high as £20,000 a year by retirement | This mainly hurts the officer, but it often drives offers of offsetting or a lower percentage. Ask what assumption is behind any offer |
| A 1987 pension in payment before 55 | Pension increases are held back until 55, so the pension jumps at 55. The scheme adds an allowance for this to the pensioner value | Is the pensioner CETV calculated with that adjustment? |
| The officer has an ill-health pension | Pensioner values for ill-health pensions are lower because the tables assume shorter lives | Is the pension an ill-health award, and which tables were used? |
| You are in poor health | There is one set of credit tables with no impaired-life terms, so PAG says a credit member in poor health loses value | Would offsetting or a different mix suit you better? Ask an expert |
| Pay freezes | With frozen pay the inflation-linked debit can outgrow the officer's pay-linked pension (PAG) | Mostly an issue for the officer; it can affect what they offer |
| A CETV dated before 19 May 2026 | It was worked out before the SCAPE change; new factors give lower values | Ask whether a new value will go to the court, so both of you use the same basis |
| An older order involving 2015 to 2022 service | For orders where the information was given before 1 October 2023, the scheme had to work out an alternative amount for the McCloud remedy and send the credit member a statement by 30 September 2024 (SI 2023/831 reg 20) | If you already have a credit from such an order and had no statement, ask the administrator |
None of these can be judged from the CETV alone. That is why the Pension Advisory Group says police cases need expert input, and why Advicenow's free guide to pensions and divorce says a uniformed service pension will probably need an expert whatever its value. If the pension is a large part of what you own together, budget for it.
Sharing, offsetting or attachment: the choices from your side
The court can deal with the pension in three ways. You can also agree any of them, and have the agreement made into a consent order.
| Pension sharing order | Offsetting | Pension attachment order | |
|---|---|---|---|
| What you get | Your own pension in the police scheme (a pension credit), for life | More of the house, savings or other assets now, and no share of the pension | A percentage of the officer's pension, or lump sum, when the officer is paid it |
| When the money arrives | At 60, 65 or State Pension age, depending on the scheme the shared pension came from | When the settlement is carried out | Only when the officer draws the pension |
| If the officer dies | Your pension credit is not affected | Not affected: you already have the assets | Income payments stop: a periodical payments order cannot run beyond the death of either of you (MCA s.28(1)) |
| If you remarry | Your pension credit is not affected | Not affected | Income payments end on your remarriage or civil partnership (MCA s.28(1)(a)) |
| Clean break? | Yes, for the pension | Yes | No: you stay tied to the officer's choices about when to retire |
| Scheme charges | Implementation charges run into thousands of pounds (see below) | No scheme implementation charge | Smaller charges (the Met's 2023 schedule lists £36 to £132) |
| Main risk for you | Half the transfer value can mean much less than half the income | Pension and cash are not worth the same pound for pound | The officer can delay retirement; nothing is paid if the officer dies before drawing the pension |
Pension sharing gives you the clean break and the certainty: your pension cannot be taken away by anything the officer does later.
Offsetting has no statutory formula. It is a trade of pension value against other assets, agreed between you or decided by the court. The Pension Advisory Group discusses it at length because a pound of pension value and a pound of cash are not worth the same to the person who receives them. More on this in the next section and in offsetting vs sharing.
An attachment order (sometimes called earmarking) tells the scheme to pay you a percentage of the officer's pension, or of a lump sum, when it becomes payable. The order states a percentage, and the court can require the officer to take a lump sum (MCA s.25B(4), (5) and (7)). It cannot be used on a pension already shared by a sharing order in the same marriage (s.25B(7B)). Where it attaches the pension income, it works as part of a maintenance order, and such an order cannot run beyond the death of either of you or your remarriage (s.28(1)). That is why attachment orders are rarely the first choice for a spouse.
Offsetting against the house: what to weigh from your side
Many partners want to stay in the family home, especially with children, and offsetting the pension against the house can make that possible. Before agreeing, weigh these points:
- What you give up is an inflation-linked income for life. A police pension credit rises with prices before and after it starts. Replacing that from your own savings would cost a lot.
- The transfer value is not a market price. Police CETVs are worked out with a discount rate set by the Treasury. The Pension Advisory Group says benefits from a public sector scheme are likely to be higher for a given CE than in a private sector scheme with the same CE. That is one reason experts adjust the CETV before offsetting it against cash.
- CETVs fell in 2026. The Treasury raised the SCAPE discount rate from CPI + 1.7% to CPI + 2.0% on 19 May 2026, and new factors give lower transfer values. A lower CETV can make a pension look smaller in an offsetting deal, though the pension itself was not reduced. See the SCAPE discount rate explained.
- Can you afford the house on your own income? Keeping the home only helps if you can pay the mortgage. Our divorce budget calculator shows take-home pay after maintenance and what you might borrow alone, and police divorce and housing covers the options.
- A mix is possible. A smaller pension share plus more of the house is common. The court is not limited to one tool.
- Costs. Offsetting avoids the scheme's implementation charge, but valuing the pension properly for offsetting usually still needs an expert.
What to ask for: the CETV, Form P and the McCloud figures
You cannot judge any offer without the right figures. Ask your solicitor to make sure you have all of these, or ask for them in the negotiation if you are acting for yourself.
| What to ask for | Who provides it | Why it matters to you |
|---|---|---|
| A cash equivalent (CETV) for divorce, for every police scheme the officer has been in | The officer's pension administrator, on the officer's request or a court order | It is the figure the court and any expert start from. One is free in any 12 months; the scheme has 6 weeks if told it is for divorce proceedings, 3 months otherwise |
| The split of the CETV by scheme: 1987 or 2006 service, the McCloud remedy period (1 April 2015 to 31 March 2022) and 2015 service | Pension administrator | Each part pays your credit at a different age and with different lump sum rules |
| Confirmation that the CETV for remedy service is the higher of the legacy and 2015 values | Pension administrator | Since 1 October 2023 the divorce value of remedy service must use the greater of the two (SI 2023/831 reg 24) |
| The date the CETV was calculated | On the CETV statement | Values dated before 19 May 2026 were on the old SCAPE basis; new factors give lower values. Form E needs a valuation no more than a year old at the first appointment |
| Form P (the pension inquiry form) | Filled in by the pension administrator | It asks the scheme the questions the court needs answered before a sharing or attachment order |
| The scheme's information on pension credits and its schedule of charges | Pension administrator: you can ask for this yourself | Under the Provision of Information Regulations, reg 2(1)(b) and (3), a spouse or civil partner can ask for it, and the scheme has a month to reply |
| If the officer has retired: a pensioner cash equivalent, and whether the pension is an ill-health pension | Pension administrator | Pensioner values can be charged for (the Met's 2023 schedule: £1,360), and ill-health pensions are valued with different tables |
When a valuation can cost money. A scheme may charge for a divorce valuation only if it is required in less than three months, if the member has no right to a cash equivalent (for example a pensioner), or if one was provided in the previous 12 months, and it must set the charge out in writing in advance (Charging Regulations reg 3). Ask before you ask for a faster turnaround.
Scheme charges. Once you are close to an order, ask for the scheme's schedule of charges. They are high: the Metropolitan Police schedule (version dated April 2023, uprated each April) lists £4,070 to carry out a share for an active or deferred member and £3,600 for a pensioner, payable up front; the Scottish Public Pensions Agency charges £4,320 for a standard case from April 2026. The court can decide who pays (MCA s.24D).
For how the CETV is calculated and what the debit does to the officer's pension, see the police pension divorce settlement guide.
If the officer will not share the figures
It is common for one person to hold all the pension paperwork. These are the routes open to you:
- Ask the scheme for what you are entitled to. A spouse or civil partner can ask the pension administrator directly for its general information: how valuations are worked out, which benefits are included, what a pension credit member gets, and its schedule of charges. The scheme must reply within a month (SI 2000/1048, reg 2(1)(b), (3) and (6)). The officer's payslip or benefit statement names the administrator.
- The valuation itself is given on the officer's request or a court order (reg 2(1)(a) and (c)). If the officer will not ask, the court can order it.
- Form E. If either of you applies to court for a financial order, you each complete a Form E financial statement. Section 2.13 requires details of every pension, with the scheme's valuation attached, and the valuation must be no more than a year old at the first appointment. If it is not available, the officer must attach the request letter. The form ends with a statement that it is a "full, frank, clear and accurate disclosure" (Form E notes 01.23).
- Starting court proceedings. You must normally attend a mediation information meeting (MIAM) first, unless an exemption such as domestic abuse applies. The application (Form A) costs £321. If you agree everything instead, a consent order costs £62.
Separation from a police officer can feel especially hard if you are worried about abuse or about the officer's access to information. Mediation exemptions exist for domestic abuse. Tell your solicitor, and in an emergency call 999.
Our Form E for police officers guide explains what should appear on the officer's form: basic pay, overtime, allowances and every pension scheme. Knowing that helps you spot gaps.
How long it takes, and the order things must happen in
| Step | How long the rules allow | Source |
|---|---|---|
| Divorce application to conditional order | At least 20 weeks from the start of proceedings before the applicant can confirm | MCA 1973 s.1(4) and (5) |
| Conditional order to final order | At least 6 weeks | MCA 1973 s.1(5) |
| Getting a CETV | 6 weeks if the request says it is for divorce proceedings, otherwise 3 months; other information within a month | SI 2000/1048 reg 2(5) and (6) |
| Pension sharing order taking effect | Not until the final order, and not earlier than 7 days after the time for appealing ends | MCA s.24B(2); SI 2000/1123 reg 9 |
| Scheme carrying out the share | Within 4 months of the later of the order taking effect and the scheme receiving the documents and information. Unpaid charges can hold up the start | WRPA 1999 s.34; Charging Regulations reg 7 |
In practice the slowest parts are usually getting the figures, any expert report, and the scheme carrying out the order. McCloud cases were held up for long periods while the Government Actuary's Department finished its divorce guidance (the prospective guidance in March 2025 and the retrospective guidance in August 2025). The 2026 SCAPE change paused some transfer value calculations for a time, and the NPCC said values given during the change "may be provisional".
Divorce timeline planner
Your key dates, with the police pension steps
England and Wales. Enter the date the application was (or will be) made. The court can change these periods in a particular case.
Defaults to the application date.
Divorce or dissolution application issued: from 19 October 2026
Either of you, or both jointly, applies online or on paper. No blame is needed. Source
Police pension cash equivalent (CETV) due from the scheme: by 30 November 2026
You told the scheme, when you asked, that it is needed for divorce proceedings, so it has 6 weeks. Source
Earliest date to apply for the conditional order: from 8 March 2027
20 weeks from the start of proceedings. Use the time to agree the money, including the pension. Source
Financial order (consent order or court decision)
A court can make a final financial order, including a pension sharing order, once the conditional order is made. Most people agree the terms and send a consent order with Form D81 and the pension sharing annex (Form P1).
Earliest date to apply for the final order: from 20 April 2027
6 weeks and 1 day after the conditional order. With a police pension at stake, most solicitors advise not applying until the financial order is made: once you are divorced, the former spouse loses any survivor's pension rights. Source
For every step from separating to the final order, see the police divorce checklist and timeline.
Step by step: from separating to your pension credit
Every divorce is different, but for a partner of a police officer the pension steps usually run in this order. The numbers in brackets are the legal points behind each step.
- Write down what you already know: the officer's force, when they joined, any breaks or transfers between forces, the date you married and the date you separated. It tells you which schemes are involved and whether McCloud remedy service is in the picture.
- Ask the scheme for its general information and charges yourself. You are entitled to it as a spouse or civil partner, and it must arrive within a month (SI 2000/1048 reg 2).
- Get the CETV, split by scheme. Ask the officer to request it, saying it is for divorce proceedings so the 6-week limit applies. One is free in any 12 months.
- Check the date on it. Before 19 May 2026 means the old SCAPE basis; older than a year at the first appointment means Form E needs a new one.
- Exchange full financial disclosure: Form E in court proceedings, or the same information voluntarily if you are negotiating or mediating.
- Take advice before you negotiate. A family solicitor first; then decide, usually together, whether to instruct a pension on divorce expert.
- Try to agree. Mediation or solicitor negotiation. If you cannot agree, attend a MIAM and apply to court on Form A (£321).
- Turn the agreement into an order. A consent order (£62) with a pension sharing annex (Form P1), or an attachment annex (Form P2). The scheme's answers on Form P feed into the annex.
- Only then apply for the final order. The sharing order cannot take effect before the final order, and applying too early can cost you death benefits (MCA s.24B(2)).
- Send the scheme what it needs and pay the charges. The 4-month implementation period runs from when the scheme has the order, the final order and the information it needs, and unpaid charges can hold it up (WRPA s.34; Charging Regulations reg 7).
- Keep your credit letter safe and your address up to date. Expect a letter confirming your pension credit once the share is done. Your pension is claimed from the scheme at your own payment age, which may be decades away.
If the officer dies before or after the divorce
Death benefits depend on whether you are still married in law, which is why the order of steps matters.
- While you are separated but still married. You are still the officer's spouse or civil partner. Under the 2015 scheme (reg 156) and the 2006 scheme (regs 46 and 47), the death grant goes to a surviving spouse or civil partner unless judicially separated and not being supported, whatever any nomination form says.
- After the final order. A former spouse who was party to the divorce gets no spouse's survivor pension (GAD guidance). The death grant goes to a new spouse or civil partner, then at the scheme's discretion to a partner or a nominee.
- Your pension credit is not affected by the officer's death at any time after the order is carried out.
- The death grant and children's pensions are not reduced by the officer's pension debit (GAD guidance for all three schemes). The court can also attach part of a death lump sum to protect you (MCA s.25C).
A pension sharing order cannot take effect until the divorce is final (MCA s.24B(2)). The Pension Advisory Group warns that applying for the final order before the financial order is made can lose survivor rights. If you are the applicant, wait until the financial order (and any pension sharing annex) is sealed, unless your solicitor advises otherwise.
The full rules are in death in service and divorce.
Child maintenance on police pay: overtime counts
If your children live mainly with you, the officer will usually pay child maintenance under the Child Maintenance Service (CMS) formula, either privately agreed or through the CMS. The key points for police pay:
- Overtime and taxable allowances count. The CMS uses taxable earnings, so overtime, bonuses and taxable allowances are included.
- It starts from HMRC's figure for the latest available tax year, and switches to current income if that differs by at least 25%.
- Pension contributions come off first, because police contributions are taken before tax.
- The rate: 12%, 16% or 19% of gross weekly income up to £800 for 1, 2 or 3 or more children, then 9%, 12% or 15% of income above that, up to £3,000 a week.
- Shared care reduces it by a seventh for 52 to 103 nights a year with the officer, two sevenths for 104 to 155, three sevenths for 156 to 174, and a half for 175 or more.
- Fees: there is no application fee since 26 February 2024. Collect and Pay adds 20% for the paying parent and takes 4% from the receiving parent; Direct Pay is free.
On £52,015 basic pay with 13.88% pension contributions and no overtime, the formula gives about £135 a week (£587 a month).
Add £6,000 a year of overtime and it rises to about £149 a week (£647 a month).
If the children also stay with the officer 104 nights a year, it falls to about £106 a week. Figures from our child maintenance engine, Direct Pay, rounded.
Try your own figures in the police child maintenance calculator, and read child maintenance and police overtime for when to ask for a recalculation. Contact around shifts is covered in child arrangements on police shifts, and maintenance for you (rather than the children) in spousal maintenance on police pay.
Myths and facts about divorcing a police officer
| What people believe | What the rules say |
|---|---|
| A spouse automatically gets half the police pension | Nothing is automatic. The pension is shared only by a court order, which can be a consent order recording what you both agree. The court must take pensions into account, but there is no fixed percentage |
| Half the CETV gives me half the officer's pension income | Often not. The Pension Advisory Group says an equal split of the cash equivalent in a uniformed services scheme such as the police can lead to very unexpected outcomes |
| I can move my share into my own pension or take it as cash | No. A police pension credit cannot be transferred out. You become a member of the police scheme in your own right |
| If my ex dies, I lose my share | No. Your pension credit is yours for life and does not depend on the officer |
| If I remarry, I lose the pension share | No. Remarriage does not affect a pension credit. It does end income payments under an attachment order |
| As the ex-wife or ex-husband I will still get the widow's or widower's pension | No. After the final order a former spouse gets no spouse's survivor pension, and a pension credit carries no survivor's pension either |
| Pension the officer builds up after the divorce is shared too | No. The share is fixed on the pension built up to the day the order takes effect |
| I will be paid my share when the officer retires | No. Your credit is paid at your own age under the scheme rules: 60, 65 or State Pension age |
| If the officer will not give me the figures, there is nothing I can do | In court proceedings each of you must give full, frank disclosure on Form E, with a pension valuation attached, and the court can order the scheme to provide one |
Who can help, and what it is likely to cost
- A family solicitor who knows public service pensions. Our guide to police divorce solicitors covers what to ask. Police Federation branches arrange discounts with law firms for their members (the officer); see Federation family law offers for what is published.
- A pension on divorce expert (PODE). The Pension Advisory Group says police cases with an equal split of value can go badly wrong without one. Note that there is "currently no professional qualification or regulatory system for PODEs" (PAG guide, Appendix C), so ask about experience with police schemes. See do you need a PODE?
- The pension administrator for figures, Form P and the charges schedule.
- Our tools and report. The calculator near the top of this page is free. The Police Divorce Pension Report (£49.99) goes further on your own figures as a starting point for negotiation; it is not a court expert report. The calculator also has an enquiry form, which sends your enquiry to PolicePay (Andrew Thomas).
PolicePay is an independent reference site, not a law firm or financial adviser. This page explains the rules and the options; it does not tell you what to agree. For decisions about your settlement, speak to a family solicitor and, where the pension is a large part of the money, a pension on divorce expert.
Free: the police divorce checklist (PDF)
The documents to gather, the pension steps from CETV to pension sharing order, and the questions to ask a solicitor, written for police officers and their partners. Enter your email to download it. We will also send occasional police divorce and pension updates; unsubscribe any time.
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Frequently Asked Questions
Am I entitled to my husband's or wife's police pension?
You are entitled to ask for a share, and in England and Wales the court must take pension rights into account when it decides the finances on divorce or dissolution. Nothing is automatic and there is no fixed percentage. The share can be a pension sharing order, more of the other assets instead (offsetting), or an attachment order. A solicitor can tell you what is realistic on your facts.
Is a police officer's ex-wife entitled to his police pension?
A former wife, husband or civil partner can be given part of it by a pension sharing order made in the divorce or dissolution, or by agreement recorded in a consent order. Once the order is carried out she or he becomes a pension credit member of the police scheme, with her or his own pension paid for life. Without an order there is no claim on the pension after the final order.
How much of a police pension does an ex-spouse get?
Whatever percentage the order sets. In England and Wales the percentage applies to the cash equivalent of the whole police pension, including service before the marriage. Because the police pension is valued and paid differently from the pension you get, an equal split of the value can give you much less income than the officer keeps. Get the figures checked by a pension on divorce expert before agreeing.
When will I get my share of my ex's police pension?
At 60 if the share came from the 1987 scheme, 65 from the 2006 scheme, and your State Pension age from the 2015 scheme. The 2015 rules allow a reduced pension from 55. If the officer was in more than one scheme, you may get two pensions starting at different ages. Your share does not start when the officer retires.
Can I transfer my share of a police pension to another pension?
No. The 1987, 2006 and 2015 regulations all say a transfer value cannot be paid for pension credit rights. You stay a member of the police scheme, and the credit is increased each year in line with inflation until it is paid.
What happens to my pension share if my ex-partner dies?
Nothing: the pension credit is an independent right for your life. If you die before it is paid, a lump sum is payable instead (2.25 times the annual pension in the 1987 scheme, 3 times in the 2006 and 2015 schemes). No survivor's pension is paid on a pension credit when you die.
Will I get a widow's pension if my police officer ex dies after the divorce?
No. A former spouse who was party to the divorce gets no spouse's survivor pension. While you are still married, even if separated, you are still a spouse, which is why it matters not to apply for the final order before the financial order and any pension sharing order have been made.
Can I get a share of the police pension if we were not married?
Pension sharing orders are only available on divorce, dissolution of a civil partnership or annulment. Unmarried partners cannot get one. The 2006 and 2015 schemes can pay a survivor's pension to a cohabiting partner who meets the conditions, but that ends the moment the relationship does. See our cohabitation guide.
How long does it take to get a police pension share?
The divorce itself takes at least 26 weeks (20 to the conditional order, 6 to the final order). A CETV takes up to 6 weeks if the request says it is for divorce. After the order takes effect the scheme has 4 months from receiving everything it needs, and charges paid up front. Expert reports and McCloud recalculations can add months.
Who pays the scheme's pension sharing charges?
The court can decide how the charges are split between you (Matrimonial Causes Act s.24D), or you can agree it. The amounts are high: the Metropolitan Police schedule (2023 version) lists £4,070 to carry out a share for an active or deferred member, and the Scottish Public Pensions Agency charges £4,320 for a standard case from April 2026.
Does police overtime count for child maintenance?
Yes. The Child Maintenance Service uses taxable earnings, which include overtime and taxable allowances. It normally takes the figure HMRC holds for the latest tax year, and uses current income instead if that differs by 25% or more. Police pension contributions come off first because they are taken from pay before tax.
My ex is a police officer and will not tell me what the pension is worth. What can I do?
You can ask the scheme yourself for its general information and charges (it must reply within a month), but the valuation itself is given on the officer's request or a court order. If you go to court, both of you file Form E with a pension valuation attached and sign that it is full and frank. Your solicitor can ask the court to order the information.
Can I get my share of a police pension early if I become ill?
Only if you are terminally ill, with a life expectancy of under a year: then the credit can be paid as a lump sum of 5 times the annual pension. There is no ill-health early pension for credit members. In the 2015 scheme anyone can claim a reduced pension from the minimum pension age (55 now), but we could not confirm how that reduction is priced.
What if my partner has already retired from the police?
A pension already in payment can still be shared. The scheme values it with a pensioner cash equivalent, which can be charged for. The officer's pension is cut once the share is carried out, but your credit is still paid at your own scheme age (60, 65 or State Pension age) unless you are already past it. See our guide to divorce after police retirement.
Sources and how we checked them
Every factual claim on this page was written from the sources below, read on 19 October 2026. Rules and figures change, so check the source for the date you are reading this. Where we could not confirm something from an official or independent source, the page says so rather than guessing. Spotted something out of date? See our corrections policy.
- Welfare Reform and Pensions Act 1999, section 29 (creation of pension debits and credits) : percentage of the cash equivalent; benefits valued as if service ended the day before (accessed 19 October 2026)
- Welfare Reform and Pensions Act 1999, section 34 (time for discharge of liability) : 4-month implementation period (accessed 19 October 2026)
- Matrimonial Causes Act 1973, section 24B (pension sharing orders) : order cannot take effect until the divorce is final; no sharing alongside an attachment order (accessed 19 October 2026)
- Matrimonial Causes Act 1973, sections 24D, 25B and 28 : charges apportioned; duty to consider pensions; attachment orders; periodical payments end on death or the payee's remarriage (accessed 19 October 2026)
- Matrimonial Causes Act 1973, section 1 (as substituted by the Divorce, Dissolution and Separation Act 2020) : 20 weeks and 6 weeks (accessed 19 October 2026)
- Police Pensions (Pension Sharing) Regulations 2002, SI 2002/3202 (1987 scheme) : Part M credit rights at 60, lump sum, F10A no transfer (accessed 19 October 2026)
- Police Pensions Regulations 2006, SI 2006/3415 (as made) : regs 61 to 64 (credit at 65, 4 times lump sum), 79 (no transfer), 46 and 47 (death grant) (accessed 19 October 2026)
- Police Pensions Regulations 2015, SI 2015/445, Part 8 (pension credit members) : regs 126, 131, 132; also regs 50, 135, 156, 162 and 180 (accessed 19 October 2026)
- Government Actuary's Department: Police (England and Wales) guidance notes, including transfer values and pension sharing (1987, 2006 and 2015 schemes, 10 December 2020) : credit ages, CPI revaluation, debit adjustments, no survivor pension for a former spouse; summarised, not reproduced (accessed 19 October 2026)
- Police Pensions (Remediable Service) Regulations 2023, SI 2023/831, regulation 24 : greater of legacy and reformed values for remedy service (accessed 19 October 2026)
- Government Actuary's Department: Public service pension schemes, new CETV factors (GOV.UK, 16 June 2026) : SCAPE change on 19 May 2026 (accessed 19 October 2026)
- Pensions on Divorce etc. (Provision of Information) Regulations 2000, SI 2000/1048, regulation 2 : who can ask for what; 6 weeks, 3 months, 1 month (accessed 19 October 2026)
- Pensions on Divorce etc. (Charging) Regulations 2000, SI 2000/1049, regulation 3 : one free valuation in 12 months (accessed 19 October 2026)
- Divorce etc. (Pensions) Regulations 2000, SI 2000/1123, regulation 9 : order not to take effect until 7 days after the appeal period (accessed 19 October 2026)
- Pension Sharing (Valuation) Regulations 2000, SI 2000/1052, regulation 2 : rights that cannot be shared (accessed 19 October 2026)
- Metropolitan Police pensions on divorce or dissolution, schedule of charges v30 (2023) : £4,070 implementation; £1,360 pensioner value; attachment £36 to £132; payable up front (accessed 19 October 2026)
- Scottish Public Pensions Agency: Pensions on Divorce, Police and Fire (1 April 2026) : charges; remarriage does not affect a credit; no dependants' benefits (accessed 19 October 2026)
- HM Courts and Tribunals Service: Form E notes for guidance (01.23) : pension valuation no more than a year old; full and frank disclosure (accessed 19 October 2026)
- GOV.UK: Form P, pension inquiry form (accessed 19 October 2026)
- GOV.UK: Get a divorce; apply for a consent order; ask the court to decide : £628 divorce, £62 consent order, £321 Form A; mediation meeting first (accessed 19 October 2026)
- Pension Advisory Group: A Guide to the Treatment of Pensions on Divorce, 2nd edition (2024, CC BY 4.0) : uniformed services warning; equality of income; Appendix I police points; PODEs unregulated (accessed 19 October 2026)
- Advicenow: Pensions and divorce (updated September 2026) : uniformed service pensions probably need an expert whatever their value (accessed 19 October 2026)
- Child Support Act 1991, Schedule 1 : rates, £3,000 cap, shared care (accessed 19 October 2026)
- Child Support Maintenance Calculation Regulations 2012, SI 2012/2677, Part 4 : historic and current income; taxable earnings (accessed 19 October 2026)
- GOV.UK: How child maintenance is worked out; Child Maintenance Service payments : shared care fractions; Collect and Pay fees (accessed 19 October 2026)
- Pensions Act 1995, Schedule 4, Part I (State Pension age) : 67 and 68 bands (accessed 19 October 2026)
- Home Office Circular 004/2003: the police pension scheme, pension sharing on divorce : no ill-health early payment for credit members (accessed 19 October 2026)
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Disclaimer
PolicePay.co.uk is an independent reference site. It is not a law firm or a financial adviser, is not regulated by the Solicitors Regulation Authority or authorised by the Financial Conduct Authority, and this page is general information, not legal, financial or pension advice. Every divorce settlement depends on the facts, and pension sharing is decided by agreement or by a court. Figures from our calculators are estimates on stated assumptions: the scheme administrator's cash equivalent and the court order are what count. For decisions about your settlement, speak to a family solicitor and, where the pension is a large part of the money, a pension on divorce expert. Details apply to England and Wales unless stated. Details are as checked on 19 October 2026.