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For anyone reaching state pension age on or after 6 April 2016 you need to be aware that the rules on what pension sharing orders can be made in divorce, nullity and on dissolution and annulment of a civil partnership will change.

For people reaching state pension age on or after 6 April 2016, there will be a new state pension and this cannot be subject to a pension sharing order. However, for some aspects there will be a transition period and complicated transition arrangements in the light of which there could be big differences on outcomes depending on whether or not the proceedings started before or on or after 6 April 2016.

Particular areas affected relate to contracting-out, protected payments, and the order itself.

From 6 April 2016, where the proceedings start –

a) before 6 April 2016: the existing arrangements apply and the additional State Pension is shareable
b) on or after 6 April 2016: the new arrangements apply and the Protected Payment is shareable.

If you would like further details of this complicated situation see:

Article 2 of The Pensions Act 2014 (Pension Sharing on Divorce etc.) (Transitional Provision) Order 2016.–feb-2016.pdf

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