A member's pension is considered matrimonial property, which means it can be divided on marital separation or divorce. It is very important to note that not every separation or divorce results in a member's pension being divided. You and your spouse can agree that other assets of equal value can offset the value of the pension benefit, or you and your spouse might agree not to divide anything at all, which would leave your PSPP pension unaffected.
Please note that after three years of separation, the spouse from whom you have separated is no longer your pension partner. If you remain separated but still married before you retire, you can select a pension option without consideration to your long-separated spouse. However, your long-separated spouse, although not your pension partner, may still have a claim to your pension and obtain an MPO for a share of your monthly pension. Conversely, a common-law partner from whom you have separated does not have matrimonial property rights to your pension.
Whatever you and your spouse decide to do regarding your PSPP pension, please let us know as soon as possible.
It is suggested that you get independent legal advice regarding a division of your pension. You can direct your representative to the Instructions for Lawyers for more detailed information.