When a relationship involving someone in HM Armed Forces (such as the Army, Royal Airforce or Royal Navy) irretrievably breaks down, there are likely to be additional issues to consider that civilian couples and families don’t have to face.
Armed Force Pensions
In a military divorce, the Armed Forces Pension Scheme (AFPS) fund is often the largest matrimonial asset. All members of the armed forces are enrolled automatically into the Armed Forces Pension Scheme. The current armed forces pension scheme is known as the 2015 scheme and is based on a career-average revalued earnings (CARE) model. There are three Armed Forces Pension Schemes (AFPS) for members of the Regular Armed Forces:
- Armed Forces Pension Scheme 75 (AFPS 75)
- Armed Forces Pension Scheme 05 (AFPS 05)
- Armed Forces Pension Scheme 15 (AFPS 15)
In addition to armed force pension schemes, if a veteran has suffered injury or illness during service, they may be eligible for compensation under the War Pension Scheme.
Armed Forces Pension on Divorce
The Armed Forces Pension can be the biggest asset in the divorce, so it is important this is settled before the divorce is finalised. There is no set formula as to how a pension should be divided, however, due to the Armed Forces lifestyle, in particular mobility requirements and long periods of separated service, it is recognised that spouses and partners often encounter barriers to employment and therefore cannot fully build their own personal pension.
It is important to understand how much the Armed Forces Pension is worth in order to split the pension fairly, especially as many serving members are members of more than one armed forces pension scheme. The value of an armed forces pension depends on factors such as length of service, rank held and type of pension scheme. A key date is the Immediate Pension Point, which is 16 years of service as an officer, or 22 in other ranks, as at this point the value of a serving person’s pension increases.
After a pensions valuation and Cash Equivalent Transfer Value (CETV) is obtained, a military divorce lawyer will try and achieve a fair financial settlement between the parties by looking at various options and variables including:
- pension sharing – the spouse/partner is awarded a percentage share of the serving person’s pension
- pension attachment also known as earmarking – the spouse/partner receives either a lump some or a future income stream from the serving person’s net pension when the pension starts being paid to them
- pension offsetting – the value of the pension is offset against the spouse/ partner’s other assets, for example, they may keep a share of shared property in exchange for the serving person keeping their pension. This enables a clean break.
Once there is an Order in place confirming the division of all the financial assets including the pensions, a copy of that order should be sent to Veterans UK. A non-serving member will not be able to draw on the pension which is transferred to them under a pension sharing order until they reach retirement age. A serving member who has served the required number of years can draw upon their share of the pension before retirement age.
Service Family Accommodation (SFA) in Divorce
If a couple live in SFA and are considering separating, it is usual in these circumstances for the serving person to move into alternative service accommodation or private accommodation. This is called a ‘cooling off period’ and can last up to 93 days to enable the couple to try and resolve issues. Once this period has ended or as soon as it is clear there is no option of reconciliation, the service person must decide either to return to the SFA property or change their Personal Status Category (PStat Cat) from “married” or “Long Term Relationship” (LTR) to “separated” or “single”.
If a PStat Cat has been changed to “separated” or “single” the Loss of Entitlements Team (LOET) will issue a 93 day Notice to Vacate to the spouse or partner who remains in the SFA. The Serving Person remains responsible for paying the charges during this 93-day period. This notice allows the spouse/partner and family members time to make alternative living arrangements.
If a spouse/ partner does not feel they can leave the SFA by the notice to vacate expiry date and wishes to apply to stay in the property for an extended period (called a stay of legal action) for educational, medical, additional needs or disabilities or special educational needs, reasons, this can be done by completing and returning the Proportionality Exercise Assessment Form to the Loss of Entitlement Team with any supporting documentation.
How we can help
If you are a member of HM Armed Forces, such as the Army, Royal Airforce or Royal Navy, and are considering separation or divorce, we have solicitors who have experience of advising people in the military or their estranged spouses.
Our divorce team is headed by Richard Rodway, a highly experienced solicitor who has advised military personnel, and their spouses, on divorce and separation for many years. He has a particularly strong connection with RAF Benson and their Unit Welfare Office.
We have been helping armed forces personnel, and their spouses, with divorce and family law issues for many years. We have the experience to understand the complexities of life in the armed forces and what that means for a military divorce or separation.
For a confidential discussion about the divorce procedure, please contact Richard Rodway on T: 01491 570 900 or E: