vYes — if you don’t have a legally binding financial order, your ex may be able to claim a share of your pension even years after your divorce is final.
One of the most misunderstood areas of divorce in the UK is how pensions are treated. Many people assume that once the marriage is over, everything — including finances — is automatically closed. Unfortunately, that’s not the case. Without the right legal protection in place, your ex-spouse could return later to make a claim on your pension, even if you divorced long ago.
In this blog, we’ll explain when an ex can claim a pension, what you can do to prevent it, and why getting a financial order is essential to protect your future.
Divorce doesn’t end financial claims
When you receive your Final Order (previously called Decree Absolute), your marriage is legally over — but that doesn’t mean your financial ties are.
Unless you have a court-approved Clean Break Order or Consent Order, financial claims between ex-spouses remain open indefinitely. That includes the right to make claims for:
- Property
- Savings
- Inheritance
- Pensions
This means that even if you divorced amicably and agreed on everything informally, your ex may still be entitled to ask the court for a share of your pension at a later date — especially if your financial situation has improved.
What gives them the right to claim?
Under the Matrimonial Causes Act 1973, pensions are treated as a financial resource and can be divided as part of a divorce settlement.
If a Clean Break Order or Consent Order has not been made, the court may still consider your ex a “financially connected party.” This means they can apply to the court and ask for a share of your pension or a lump sum — and if successful, the court can make a pension sharing order, even years after your divorce.
It doesn’t matter who contributed to the pension or when — if it was built up during the marriage (and sometimes even after), it could be taken into account.
How can I protect my pension?
The only way to legally cut financial ties and protect your pension is to get a Financial Order approved by the court. There are two types:
- Clean Break Order – Ends all financial claims between both parties. Ideal where there’s no ongoing support or complex assets.
- Consent Order – Records a mutual agreement on how property, pensions, and other assets will be divided.
Both orders must be approved by a judge to be valid. Once in place, they prevent either party from coming back to make further claims in future.
Without this legal protection, your pension — and other assets — remain vulnerable to future claims.
What if we agreed not to touch each other’s pensions?
Verbal or informal written agreements between ex-spouses are not legally binding. Even if you both agreed to leave pensions alone, that agreement has no legal effect unless it was written into a court-approved order.
The risk is that years later, one of you could change your mind — or face financial hardship — and decide to apply to the court for a share of the other’s pension. If no financial order exists, the court will allow the claim to be heard.
Can they still claim years after divorce?
Yes. This is the part that surprises most people. There’s no automatic expiry date on financial claims — unless a court has formally ended them through a Clean Break or Consent Order.
There have been real-life cases where someone made a successful financial claim over a decade after the divorce was finalised. If your pension has grown in value or you’re approaching retirement, this could be a significant risk.
Will the court always grant a claim?
Not always — but they will consider it carefully. If the court believes the person bringing the claim has a fair case (for example, if they sacrificed a career to raise children while the other built a pension), the court could order a division of that pension, even long after the divorce.
Judges look at a range of factors including:
- Length of the marriage
- Age and income of both parties
- Financial contributions during the marriage
- Future needs (especially around retirement)
Without a financial order, it’s simply not worth leaving your future income unprotected.
How Easy Separation UK can help
We help individuals and couples secure legally binding Clean Break Orders and Consent Orders as part of their divorce or after the Final Order has been granted.
With our fixed-fee online packages, we make sure:
- Your pension is protected from future claims
- Your financial agreement is turned into a legal document
- You can move forward with peace of mind
Everything is handled online, by experienced professionals, with clear pricing and full support.Don’t risk your retirement — protect it legally.
Start your financial settlement or Clean Break Order today with Easy Separation UK
