By Katie McCann, barrister and founder of Lowry Legal based in Manchester, England.
Are you wondering if you need a pension on divorce expert? The short answer in most separations involving a pension is yes, you will. In fact, in high-value cases, skipping this report is often one of the costliest mistakes you can make.
Pensions can be the largest asset in a marriage, sometimes even worth more than the family home. Yet they are routinely undervalued, misunderstood, or ignored entirely during divorce proceedings. A specialist known as a Pension on Divorce Expert (or PODE) exists specifically to fix that problem.
If you or your spouse has a defined benefit (final salary) pension, a public sector scheme, or significant pension wealth of any kind, reading this guide carefully could be one of the most financially important things you do.
What is a Pension on Divorce Expert (PODE)?
A Pension on Divorce Expert is a specialist pension actuary or financial adviser who is formally instructed to provide independent, expert guidance on pension assets in divorce proceedings.
Their role is not simply to tell you how much a pension is worth today. A PODE analyses the pension in the context of your divorce, modelling different potential sharing options as well as helping ensure the court (or the spouses themselves) understand what a fair outcome looks like in the long term.
A PODE can:
- Value complex or defined benefit pension schemes accurately.
- Produce offsetting calculations, so one party keeps the pension while the other takes equivalent assets elsewhere.
- Model pension sharing orders to show what each party’s retirement income would look like.
- Highlight tax implications, death benefits, and survivor benefits.
- Provide a written PODE report that is accepted by the court as expert evidence.
When Do You Need a Pension on Divorce Expert?
You do not always need a formal PODE report. In straightforward cases, where pension values are small, similar on both sides, or agreed by both parties, a standard pension valuation may be enough.
However, you are very likely to need a PODE if:
- One or both parties has a defined benefit (final salary) pension.
- A pension is high value (worth £100,000 or more).
- There is a significant difference in pension wealth between the parties.
- The pension involves public sector schemes (NHS, teachers, police, civil service).
- You are considering offsetting the pension against other assets, such as the family home.
- There is a dispute about pension values or how they should be shared.
- The divorce is legally complex or involves business interests alongside pensions.
- One party is close to retirement.
- There is a significant age gap between spouses, so each has a different retirement timeline, which changes the real-terms value of any pension share.
In high net worth divorces, the need for a pension on divorce expert is significant. The stakes are simply too high not to get it right.
What is a PODE Report?
A PODE report is a formal written document produced by the pensions expert following their analysis. It is provided to both parties and, where needed, filed with the court.
A full PODE report typically covers:
- A clear valuation of each pension (Cash Equivalent Transfer Value, and what it actually represents in income).
- Analysis of pension sharing orders and their impact on both parties.
- Offsetting calculations (where relevant).
- Commentary on tax efficiency and benefit structures.
- Options and recommendations for how the pension could fairly be divided.
Family Procedure Rules Part 25 and Expert Evidence
Where a PODE is jointly instructed, and their report is used in court proceedings, they are formally treated as a single joint expert (SJE). This is governed by Family Procedure Rules Part 25, which sets out how expert evidence must be obtained and used in family law cases in England and Wales.
Under FPR Part 25, the expert’s duty is to the court; not to either party. This gives the PODE report significant weight in proceedings and means both sides must accept the findings unless they can demonstrate a clear error.
In practice, this makes a jointly instructed PODE report one of the most powerful tools available in resolving pension disputes efficiently and fairly.
What Does a PODE Report Cost?
PODE report costs vary depending on complexity, the number of pensions involved, and the expert instructed. As a general guide:
| Type of Case | Approximate Cost |
| Simple: One pension, defined contribution | £1,500 – £3,000 |
| Moderate: Defined benefit or multiple pensions | £3,000 – £6,000 |
| Complex: High value, multiple schemes, public sector | £6,000 – £15,000+ |
Costs are usually split equally between parties when a PODE is jointly instructed, though this can be agreed otherwise. In high net worth divorces, this investment is typically a fraction of the pension wealth at stake and regularly saves significant sums.
Pension Valuation on Divorce: Why the CETV Isn’t the Whole Story
When a pension is disclosed in divorce proceedings, the starting point is usually the Cash Equivalent Transfer Value (CETV). This is the figure the pension scheme provides, representing what the pension would be worth if transferred out today.
The problem is that CETVs can be misleading, particularly for defined benefit schemes. A pension with a CETV of £500,000 might provide a guaranteed retirement income worth considerably more in real terms. Treating it the same as £500,000 in cash or investments could leave one party significantly worse off.
A pension on divorce expert will look beyond the CETV to assess the true economic value of the pension. They will factor in the scheme’s health, death benefits, survivor pensions, and the likely retirement income for each party.
Getting pension valuation on divorce right is especially critical in higher value cases, where pension wealth can easily exceed the value of all other matrimonial assets combined.
How to Instruct a Pension on Divorce Expert
In most cases, a PODE is jointly instructed, meaning both parties agree on the expert and share the cost. Your solicitor will typically:
- Draft a letter of instruction setting out the specific questions for the PODE to address.
- Agree the instruction with your spouse’s solicitor.
- Obtain court permission if proceedings are underway (required under FPR Part 25).
- Share relevant pension documents and financial disclosure with the expert.
- Receive and review the completed PODE report.
It is possible for each party to instruct their own expert separately, but courts generally prefer a SJE. Separate reports can add cost, time, and conflict, and the court may simply prefer one report over the other in any event.
What Happens After You Get the PODE Report?
Once you have the PODE report, you and your legal team will use its findings to negotiate a settlement or prepare for a court hearing. The report will usually support one of three pension outcomes:
1. Pension Sharing Order
A percentage of the pension is transferred to the other party, who receives their own pension pot in their name. This is a clean break as, once implemented, there is no ongoing link between the two pensions.
You can find out more about pension sharing orders in our dedicated blog: What is a Pension Sharing Order?
2. Pension Offsetting
One party keeps their pension in full, while the other receives a greater share of different assets, such as the family home or savings. The PODE report is essential here to ensure the offset is genuinely equivalent in value.
3. Pension Attachment Order (Earmarking)
A portion of the pension income (or lump sum) is redirected to the other party when it comes into payment. These are less common in England and Wales as they do not provide a clean break and come with significant uncertainties.
Frequently Asked Questions About Pension Division in Divorce
Can I get divorced without dealing with pensions??
Legally, you can, but it is rarely advisable. If your divorce order does not address pensions, either party can return to court later to make a pension claim, sometimes decades down the line. A clean financial order that includes a clear pension settlement protects you both.
Is a PODE the same as a pension actuary?
There is overlap, but not all pension actuaries are formally accredited as PODEs. For court proceedings in England and Wales, you should instruct an expert who is specifically experienced in divorce pension work and familiar with the legal requirements under FPR Part 25. Your solicitor will recommend an appropriate expert.
How long does it take to get a PODE report?
Typically between six and 20 weeks, depending on the complexity of the pensions involved and how quickly scheme trustees provide information. In contested proceedings, this timeline should be factored into your overall case plan to avoid delaying a final hearing.
What if my spouse refuses to instruct a PODE?
If you cannot agree to a joint instruction, you can apply to the court for an order requiring expert evidence under FPR Part 25. In high-value cases, courts are increasingly willing to direct the parties to obtain a PODE report where one is clearly needed for a fair outcome.
Does the court have to follow the PODE report?
No, the report is expert evidence, not a binding decision. The judge retains discretion and will consider the PODE report alongside all other evidence. In practice, however, a well-prepared PODE report from a jointly instructed expert carries significant weight and is rarely disregarded without good reason.
Get Specialist Advice on Pensions and Divorce Today
Pensions in divorce are complex, but getting them right can make a significant difference to your financial future. Whether you are at the very start of your separation or already in proceedings, taking early advice from an experienced family solicitor is the single most important step you can take.
Lowry Legal’s Manchester-based family law team specialises in high net worth divorce, including complex pension arrangements. We work with leading pension on divorce experts and can guide you through every stage of the process clearly, efficiently, and in your best interests.
Contact us today for a confidential initial consultation.
This article provides general information about division of pensions on divorce in England and Wales. It should not be relied upon as legal advice. For guidance specific to your circumstances, consult a qualified family law solicitor.
