Pension attachment orders

Copyright © 2025 LexisNexis

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper

Practice notes

Pension attachment orders

Copyright © 2025 LexisNexis

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper

Practice notes

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This Practice Note explains what a Pension attachment order made in family proceedings (previously referred to as an Earmarking order) is and sets out which pension benefit rights can be attached and which cannot. It also details the key features of a pension attachment order, the risks of such orders and steps that may be taken to reduce risk, variation issues and tax consequences.

Key features of pension attachment

A pension attachment order requires the person responsible for a pension arrangement (the PRPA) to pay a percentage of the:

•
pension income, and/or
•
pension commencement lump sum, and/or
•
lump sum payable in respect of the member-party’s death

available to a person with pension benefit rights in the pension arrangement (the member-party) to the person without pension benefit rights (the non-member party). A pension arrangement means an occupational pension scheme, a personal pension scheme, a retirement annuity contract and annuities purchased pursuant to an occupational or personal pension scheme, or to discharge liability in respect of a pension credit, see also: Types of pension

Rebecca Dziobon

Senior knowledge lawyer, Penningtons Manches Cooper

Rebecca is an experienced family lawyer having trained and worked on complex financial and children matters at both City and regional firms for ten years. In 2011 she was nominated for, and appointed as, a member of the Resolution Pensions, Tax and Property Committee. She has authored the LexisPSL Family sections on pensions, insurance and trusts since 2013. In 2015 Rebecca moved into a knowledge lawyer role and is now senior knowledge lawyer at Penningtons Manches LLP. She is responsible for equipping the family team with the best tools to provide excellent client service. She also works collaboratively across the wider firm to devise and deliver business improvement initiatives

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Jurisdiction(s):

United Kingdom

Key definition:

Pension attachment order definition

What does Pension attachment order mean?

A form of periodical payments/lump sum order available to the court in divorce, dissolution, nullity and judicial separation proceedings (issued after 1 July 1996).

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