Pension adjustment orders: your share, set up properly

When a court shares a pension on separation or divorce, the share has to be understood, decided on and set up. A senior advisor shows you the options in figures and puts your share in your own name.

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What it is

A court order that shares a pension

A pension adjustment order is an instruction from the court to the trustees of a pension. It directs them to pay part of one person's pension to their former spouse or civil partner, or to someone for the benefit of a dependent child. It can be made on judicial separation, divorce or dissolution, and in some cases when a cohabiting relationship ends.

A separation agreement cannot share a pension on its own. It takes a court order. The court weighs all the financial resources of both people first, and the pension can be the largest asset after the family home.

  • Covers company pensions, AVCs, PRSAs, personal pensions and buy-out bonds
  • A separate order for each pension
  • Separate orders for retirement and death in service benefits
  • Served on the trustees, who adjust the scheme
How the share is set

How the share is worked out

The court sets two things. The relevant period is the time over which the benefit was earned, ending no later than the date of the decree. The relevant percentage is the share of the benefit earned in that period that goes to the other person. This share is the designated benefit.

An order on retirement benefits can be made at any time. An order on death in service benefits can only be made up to a year after the decree, and it ends if the member leaves that job.

  • Relevant period: when the benefit was earned
  • Relevant percentage: the share that moves
  • Designated benefit: what the receiving spouse is entitled to
  • Trustee costs shared as the court decides, or equally

What the receiving spouse can do

If you take no action, your designated benefit is usually paid when your former partner's benefits start. You can apply instead to move it into a pension of your own, as long as payment has not started. The application must cover the full designated benefit, and the trustees must act within three months of a valid application.

OptionHow it worksPoints to weigh
Leave it in the schemePaid when the member's retirement benefits are paidTiming depends on when your former partner retires
Independent benefit in the same schemeA separate pension in your name, with the trustees' agreementA pension for life, starting no earlier than the member's benefits could
Transfer to your own company schemePaid into your employer's scheme, with its trustees' agreementOnly where the benefit comes from a company scheme
Transfer to a PRSA or approved insurance policyThe trustees must agree to your requestYour own pension, your choice of provider and funds
Our role

Where we come in

Your solicitor runs the case. We look after the pension side. We go through the information the trustees provide, explain what the order will deliver and show what each option means for your income in retirement.

If you are the receiving spouse, we compare providers for a PRSA or a personal retirement bond, deal with the trustees on the transfer and build your share into your own financial plan. If you are the member, we show you what is left and how to rebuild it.

  • The trustees' figures explained in plain English
  • Your options compared in euro
  • A PRSA or bond set up in your name
  • A plan to rebuild the member's pension after the split
What happens next

How it works

1

Tell us about the pension

The form on this page: which pension, where the case is and which side of the order you are on.

2

We read the figures

We go through the information from the trustees and your solicitor with you.

3

Your options compared

Leave the benefit in the scheme or transfer it, with the figures for each.

4

Set up

We open the PRSA or bond, deal with the trustees and handle the paperwork.

5

Your plan

Your share built into a financial plan, so you know what your retirement looks like.

Google reviews

What clients say about their advisor.

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We (Richie and Nickey) received excellent pension advice that was clear, honest, and tailored to my situation. Everything was explained in a way we could easily understand, and we felt confident making decisions about my future. Highly professional service and very reassuring throughout the process.
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Richard O NeillPension advice
They made setting up a company pension on a deadline extremely easy and stress free. You can tell they understand the products inside out. Very approachable, great availability for support with instant and clear answers.
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True Wealth was super efficient in locating my UK pension. They were very professional and responsive in dealing with the relevant pension organization. I would highly recommend True Wealth.
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Bridget WhooleyUK pension trace
Thank you for the several calls to advise me. Great client attention! Eimear is fantastic! I had my pension sorted and a few insurances arranged. All the best.
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Renan DevitaPension and protection
Excellent service. Always there if I had any questions, would recommend without hesitation. A 5 star service. Thank you everyone.
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Anthony HGeneral
Questions

Frequently asked questions

Straight answers with the figures. If yours is not here, a senior advisor answers it in your review.

Can a separation agreement split a pension?

No. Pension rights can only be shared by a court order made on judicial separation, divorce or dissolution, or on an application for redress when a cohabitation ends.

When can a pension adjustment order be made?

The court can make it when it grants the decree, and either spouse can apply afterwards. An order on retirement benefits can be made at any time. An order on death in service benefits can only be made up to a year after the decree.

What happens if I marry again?

An order is not made where the applying spouse has married or remarried. Once made, an order on retirement benefits is not affected by a later marriage. An order on death in service benefits ends on marriage or remarriage.

Do I have to move my share out of the scheme?

No. If you take no action, the designated benefit is usually paid when your former partner's benefits start. You can apply to transfer it at any time before payment starts, and the application must cover the full designated benefit.

Can the trustees move my share without my consent?

In some cases. Where the benefit comes from a defined contribution scheme, or the member leaves the scheme, the trustees can transfer it to another arrangement after giving you at least 30 days' written notice.

What if my former partner dies before retirement?

If the member dies before the designated benefit is paid and the pension has not already been split, the trustees must pay you the actuarial value of your share within three months.

Do cohabiting couples qualify?

A qualified cohabitant can apply when the relationship ends. To qualify, you must have lived together for at least five years, or two years if you have dependent children together. The order covers the cohabitant only, not children.

Sources

Checked 7 October 2026.

Warnings

Warning: The value of your investment may go down as well as up.

Warning: If you invest in this product you may lose some or all of the money you invest.

Warning: Past performance is not a reliable guide to future performance.

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