Many people think divorce ends all ties with their ex—but unless you’ve had a financial order approved by the court, your pension and other assets may still be vulnerable.
We hear this question all the time:
“Can my ex still claim my pension, even years after the divorce?”
The short answer is yes—and if you’re not protected, you could lose a significant portion of your pension even decades later.
Let us explain how it works—and share Julie’s story as a real-world example of what can go wrong.
Julie’s Story: 18 Years On and Still Not Settled
Julie divorced her ex-husband nearly two decades ago. At the time, they didn’t sort out a formal financial agreement. There was no consent order, no pension sharing order—just a verbal understanding. They moved on.
Julie recently remarried, and thanks to an inheritance from her father, she began exploring whether she could now claim a share of her ex-husband’s local government pension—a pension she supported while they were married.
Here’s where it gets complicated:
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Because Julie remarried without a consent order, she can’t claim against her ex-husband’s property, savings, or lump sums.
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But she can still claim his pension—even now.
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Her ex seems vaguely agreeable but has a history of changing his mind.
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His pension is public sector, so they may need a Pension on Divorce Expert (PODE) report to calculate the right share based on the years they were together.
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If he refuses to cooperate, Julie’s only option is to take him to court—at a likely cost of £20,000 or more.
Julie was frustrated and felt let down. Her original solicitor had told her she could claim her ex’s pension “at any time”—which is technically true, but no one told her how difficult or expensive it would be to do it nearly two decades later.
Can an Ex-Spouse Claim My Pension After Divorce?
Yes—if there’s no court-approved financial order, your ex can make a claim on your pension at any time, even if:
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The divorce was finalised years (or decades) ago
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You’ve both moved on
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They’ve remarried
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You think you “agreed everything at the time”
Pensions are one of the biggest assets in a marriage. Without a Pension Sharing Consent Order, they remain up for grabs long after the divorce is finalised.
Does Remarriage Prevent Pension Claims?
No. This is where most people (and even some solicitors) get confused.
If you remarry without having a consent order in place, you are legally barred from making financial claims against your ex-spouse for lump sums, spousal maintenance, or property. This is known as the “remarriage trap.”
However, the remarriage trap does not apply to pensions.
That means if you’re remarried and your divorce didn’t include a financial order, you can still claim your ex’s pension—but only if they agree, or you’re willing to go to court and pay the legal costs.
Julie’s situation is a perfect example. Despite remarrying, she can still claim her ex’s pension, but only if he cooperates—or if she’s willing to spend tens of thousands to fight for it in court.
What Happens If I’ve Paid Into My Pension Since the Divorce?
A common concern is whether post-divorce pension contributions are also up for grabs.
If there’s no financial order in place, your ex can argue that they are.
Courts are usually more cautious with post-separation contributions, but unless you’ve formally severed financial ties through a consent order, those later pension contributions can be included in the claim.
That’s why it’s critical to legally finalise your finances after divorce.
How Are Pensions Split in Divorce?
Pensions are part of the marital pot, meaning they get considered just like the house, savings, or other assets. There are three main ways to deal with them:
1. Pension Sharing Order
You receive a percentage of your ex’s pension. This is transferred into a new or existing pension in your name.
2. Pension Offsetting
The value of the pension is offset against other assets. For example, your ex keeps their pension, and you keep more of the family home or savings.
3. Pension Attachment (rare)
You receive a portion of your ex’s pension when they retire.
The starting point is 50/50, but the final split depends on the full picture—age, income, length of marriage, childcare, and other financial needs.
The Only Way to Prevent Future Pension Claims
If you want certainty, the only way to protect yourself is by getting a court-approved consent order.
This legally ends your financial ties and makes any agreement about your pension (or other assets) binding.
Without it, your ex could come back years later and:
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Ask for a share of your pension
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Disrupt your retirement plans
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Trigger expensive legal action
Don’t Wait Until It’s Too Late
Julie’s story is a clear warning: just because you’re divorced doesn’t mean you’re financially safe.
It’s easy to think, “We’ve agreed everything, we don’t need anything formal.”
But without a consent order, there’s nothing stopping your ex from changing their mind—tomorrow or in 20 years.
Our Fixed-Fee Pension Sharing Consent Order (£599)
At Easy Online Divorce, we make it simple and affordable to protect your pension or secure your fair share.
What’s included:
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Full management of your pension sharing agreement
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Legally binding consent order drafted and submitted to court
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No hidden costs
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No expensive solicitors
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Just £599 fixed fee
✅ Ready to protect your pension or claim your fair share?
Book a free clarity call with us today:
👉 https://calendly.com/easyonlinedivorce/clarity-call
Or, if you’re ready to get started now:
🎯 Order your Pension Sharing Consent Order for £599
👉 https://www.easyonlinedivorce.co.uk/pension-sharing-consent-order
Don’t let your financial future hang in the balance. Secure it—before it becomes another Julie story.
