Pension apportionment and meeting client needs following divorce
Understandably, the division of future or current pensions can be a contentious issue to separating couples.
A recent case of interest, KM v CV (Pension Apportionment: Needs) [2020] EWFC B22, examined apportioning a client’s pension following divorce.
The case examined the needs apportionment following divorce and financial remedy proceedings. An appeal against the financial remedy decision was granted, on bases which included whether the right approach had been taken to the valuation of the wife’s pension.
The judge decided that the the extent to which the wife’s pension should be apportioned needed to take into account the parties’ comparative income and needs in retirement. However he also stated that a complete rehearing would be excessive. A directions hearing would be held to decide the next steps.