Silver divorcees’ pension rights at risk as over-50s divorce climbs: the pension settlement crisis threatening your retirement
The number of over-50s divorcing in England and Wales has reached record proportions — yet the evidence shows most couples still walk away from their marriages without properly addressing the single most valuable asset either of them owns. Tyrer Roxburgh Solicitors is calling on silver divorcees to treat pension rights as non-negotiable in any financial settlement.
Silver divorce is no longer rare — the numbers tell the story
Silver divorce refers to the breakdown of a marriage where one or both spouses are aged 50 or over. It is a growing phenomenon in England and Wales, and one we also examine in our guide to grey divorce after 60.
Later-life divorce has grown from a small minority of cases in the early 1990s to a substantial share of the total, commonly estimated at around a third. The shift is striking. While overall divorce rates in the UK have recently fallen to their lowest levels in over half a century, one specific demographic is bucking the trend: the over-50s.
For those over 65, the numbers are even more pronounced. ONS analysis found that the number of women aged 65 and over divorcing rose by 38% between 2005 and 2015, at a time when divorces overall fell by 28%. ONS is careful to note that, measured against the size of the married population, the divorce rate for this age group has remained broadly consistent: the increase reflects more older people being married and living longer. Either way, far more people now divorce in later life than a generation ago. Women have also historically been more likely than men to begin divorce proceedings, although no-fault divorce replaced petitions with sole and joint applications in April 2022, which changes how that is measured.
The financial stakes at this stage of life are high. With retirement looming, there is less time to rebuild savings and maximise pension contributions. The margin for error is smaller, which makes securing a fair financial settlement all the more important.
Pensions: the most valuable asset most couples ignore
Together with property, pensions are among the most valuable assets a couple will own. Office for National Statistics figures for April 2020 to March 2022 show that private pension wealth makes up 35% of all household wealth in Great Britain, second only to property at 40%.
Yet the evidence is clear: divorce and pension rights remain deeply misaligned in practice. Applications for pension sharing orders fell by 35% between 2017 and 2021, dropping from 36,202 to 23,622. That means only 1 in 5 divorcing couples took steps to share pensions on divorce.
More recent data reinforces that picture. Research published in January 2026 by now:pensions and the Pensions Policy Institute, ahead of their Gender Pensions Gap 2026 report, found that just 11% of the more than 100,000 divorces in 2024 and 2025 involved pension attachment orders. Meanwhile, 71% of divorce settlements did not take pension assets into account at all, often prioritising the family home instead.
Research focused specifically on later-life divorce sharpens that picture further. Legal & General’s Divorce Delays research, published in January 2026, found that only a quarter of people who divorce after 50 include pensions in their settlement discussions. Almost a third waive rights to their former partner’s pension entirely, and just 8% take financial advice before making that decision.
Since the Pensions Act 1995, UK courts have been legally required to consider pension rights as part of any financial settlement. In practice, that rarely happens.
What the law provides — and how it works
Under the law of England and Wales, there are broadly three ways to address pensions on divorce. A pension sharing order gives one spouse a percentage share of the other’s pension. That share transfers either into a pension in their own name or by joining their former partner’s scheme.
Pension offsetting sets the value of a pension against other assets — for example, one spouse receives a larger share of the family home in return for the other keeping their pension intact. Pension earmarking (sometimes called pension attachment) allows one spouse to receive a portion of the other’s pension when it is actually paid.
In most cases, a pension share delivers the cleanest outcome. MoneyHelper sets out each option in its guide to splitting pensions in a divorce or dissolution. However, the right approach depends on age, pension type, and the wider financial picture.
The Pension Advisory Group’s second report (PAG2, January 2024) is the reference framework for how these options are applied. Complex pensions typically require the instruction of a Pension on Divorce Expert (PODE) to advise both the court and the parties.
Most workplace and personal pensions can be shared. The State Pension, however, is excluded. If one spouse took time out of paid work to raise children and has missing National Insurance years, it may be possible to buy back those years to improve retirement parity — something often overlooked, but one that can make a real difference in later life.
Scenario one: silver divorce with children — the hidden cost of the ‘motherhood penalty’
Where a marriage has involved children, the pension gap between spouses can be substantial. Career gaps taken for childcare and other caring responsibilities add up to an average ten-year break from work, amounting to £39,000 in lost pension savings, according to now:pensions’ gender pensions gap research. The 2023 Women and Retirement report by Scottish Widows shows that 44% of UK mothers spend all five working days looking after their children, compared to just 16% of fathers.
Women are 12 times more likely than men to take a career break to raise children — 36% versus 3% — according to Scottish Widows’ 2025 Women and Retirement Report. A five-year career break taken at age 35 costs a woman roughly £69,380 in pension savings.
Therefore, by the time a silver divorce happens, the gap is already significant. Divorced women in the UK face a pension gap of 61% compared with divorced men, according to that same January 2026 research. Specifically, divorced women held just 39% of the pension wealth of divorced men, with median pension wealth standing at £32,640 for women compared with £85,800 for men.
What women give up — and why
A Legal & General survey of 2,945 divorced UK adults, published April 2025, found that only 13% of divorcing couples considered pensions when dividing their assets. Women were more likely to waive their pension rights than men — 28% versus 17%. At the point of divorce, women had saved an average of £23,000 into their own pension, compared to £60,000 for men.
When determining what is fair, the court will consider several factors under Section 25 of the Matrimonial Causes Act 1973. These include each party’s income and earning capacity, financial needs, the standard of living during the marriage, age, health, and the needs of any children. As a result, where one spouse has a significantly lower income or is the primary caregiver, they may receive a larger share of assets to ensure stability for the family.
Scenario two: silver divorce without children — two careers, one overlooked asset
Couples without children might assume their pension positions are broadly equal. In many cases, however, they are not. The gender pension gap starts at 16% at the beginning of a woman’s career. By the time women reach their fifties, it can be as high as 51%. At retirement, women’s pension savings could be 55% smaller on average.
In 2018 to 2020, mean wealth for women was 29.5% lower than for men when pension wealth was included, versus only 12.6% lower when it was not. Even in marriages where both spouses worked throughout, pensions are often the single asset that drives the greatest inequality at the point of settlement.
Family law in England and Wales treats marriage as an economic partnership. Pensions built up during the marriage are therefore treated as matrimonial assets, regardless of who contributed to them. This is particularly relevant where one spouse reduced their working hours at any point.
Retirement planning must be part of the settlement
In a silver divorce without children, there are no dependants to factor into the court’s considerations. As a result, the focus turns entirely to both parties’ financial needs in retirement. Later-life divorce needs its own financial plan, not a generic one.
With less time to rebuild savings, over-50s divorcing must weigh pension division and retirement income specifically, not just the immediate cost of separating. The same Legal & General research links later-life divorce to more than 200,000 people delaying their retirement, with one in five saying they may no longer be able to leave an inheritance and 17% expecting to find it harder to support adult children financially.
Furthermore, Scottish Widows statistics show that 60% of divorced women did not discuss pensions in their divorce, with almost 28% not knowing they should be included. Research shows that excluding pensions from divorce conversations costs women an average of £79,000 by the time they reach retirement.
The voice of experience: what a fair silver divorce settlement must recognise
Vasoulla Constantinou, Head of Family Law at Tyrer Roxburgh Solicitors, says:
“Pensions can be one of the most valuable assets in a silver divorce, particularly after a long marriage. Women who took time away from work or reduced their hours to raise children may have a significantly smaller pension pot than their spouse — but that does not mean they should walk away with less. The law recognises the contribution made within a marriage, whether or not it shows up on a payslip. Our job as divorce lawyers, is to make sure that recognition translates into a settlement that actually protects our client’s financial future.”
Vasoulla adds, “Pension decisions made at the point of divorce are, in most cases, permanent. There is no route back once a financial consent order is sealed by the court. For silver divorcees in particular with limited opportuniies to rebuild finances, this means the stakes of getting it wrong are especially high.”
What silver divorcees should do now
Tyrer Roxburgh Solicitors sets out four practical steps for anyone approaching a silver divorce.
Get a pension valuation. Ask for a Cash Equivalent Transfer Value (CETV) — the formal figure used to value a pension for divorce purposes — for every pension held by both parties, including older or dormant schemes.
Do not accept offsetting without expert input. Trading a pension for a share of the family home may seem straightforward, but it can leave one party significantly worse off in retirement. The comparison is rarely like-for-like, and transferring property can also carry capital gains tax consequences.
Consider instructing a PODE. For complex or high-value pensions, a Pension on Divorce Expert provides an independent report that both parties and the court can rely on. This is not an optional extra in high-stakes cases — it is often essential.
Take legal advice early. The decisions made at the start of financial proceedings shape everything that follows. Early advice from a specialist family solicitor reduces the risk of agreeing to a settlement that cannot later be undone. MoneyHelper also offers a free pensions and divorce guidance appointment.
About Tyrer Roxburgh Solicitors
Tyrer Roxburgh Solicitors is a family law firm based in Wood Green, North London. The firm advises clients across a wide range of family matters, including divorce, financial settlements, pension sharing, and children arrangements. For more information, see our family law and divorce solicitors pages, book fixed-fee family law advice, or contact the team directly.
About the Author
Vasoulla Constantinou is a partner at the firm and Head of Family Law. She is a SRA regulated family law solicitor with over 20 years of experience and has been awarded a specialist accreditation by Resolution, an organisation committed to the constructive resolution of family disputes in a non-confrontational manner. Vas advises clients on all matters relating to family law including divorce, financial issues and child law. For more information visit her full profile.
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