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I have underpin protection and I get divorced or my civil partnership is dissolved?

When you get divorced or a civil partnership is dissolved, the Court takes the value of your pension into account in any settlement.  If your pension includes an underpin amount, then that increase is included and, if your pension is shared, part of that increase will be passed to your former spouse or civil partner.

If your pension was shared before 1 October 2023, then NILGOSC will have to recheck the value of your pension at the date of the pension sharing order.  If the value is increased because of underpin protection, then the share awarded to your former spouse or civil partner will be recalculated.  The pension credit member will have arrears paid plus interest.

For most members the pension they built up in the career average scheme is higher than they would have built up in the final salary scheme, so no underpin applies and there is no change to the pension share awarded to their former spouse or civil partner.

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