State Pension and divorce: what can be shared and what cannot

Your own record is the starting point

For anyone reaching State Pension age on or after 6 April 2016, GOV.UK says the new State Pension “is based on your own National Insurance record” (GOV.UK: Inheriting or increasing State Pension from a spouse or civil partner). Divorce does not add your former spouse’s years to your record or remove yours. If you have gaps, the usual routes still apply: credits, work or voluntary contributions.

What a court can share

GOV.UK explains that the courts can make a pension sharing order if you divorce or dissolve a civil partnership. If your former partner is ordered to share their Additional State Pension or protected payment, you get an extra payment on top of your State Pension. If you are ordered to share yours, your State Pension is reduced. A protected payment is the amount above the full new State Pension (£241.30 a week in 2026/27). It arises where someone would have got more under the old rules because of Additional State Pension built before 2016 (GOV.UK: New State Pension – what you'll get).

Getting a valuation: form BR20NSP

DWP’s form “Pensions and divorce or dissolution: application for a valuation” (ref. BR20NSP) lets the court see any State Pension that could be shared. DWP says both people should complete a separate form. Printed or accessible versions are available from the Future Pension Centre. The form was last updated on 9 January 2026 (DWP: State Pension valuation on divorce or dissolution (BR20NSP)).

Tell the Pension Service

If you already get State Pension, divorce and dissolution are changes you must report to the Pension Service, or to the International Pension Centre if you live abroad (GOV.UK: Contact the Pension Service). When you claim, you will be asked for the date of your most recent marriage, civil partnership or divorce (GOV.UK: New State Pension – how to claim).

Older State Pension rules

People who reached State Pension age before 6 April 2016 are on the old system: basic and Additional State Pension and Graduated Retirement Benefit. Different rules can let some people use a former spouse’s record. GOV.UK’s partner’s record tool asks for both State Pension ages and shows which rules apply. Use it rather than relying on general articles.

Practical checklist

1. Download both NI records and forecasts before negotiations start.
2. Ask each party to submit BR20NSP for a valuation.
3. Check whether either of you has Additional State Pension or a protected payment. If neither does, a State Pension share may not be possible.
4. Fill gaps on your own record with credits or voluntary NI if your forecast shows it would help.
5. Report the divorce to DWP after it is final.

Pension sharing in divorce is a legal matter. This page explains the State Pension rules only; it is not legal advice.

Sources

Official pages checked on 14 November 2026. Figures are for the 2026/27 tax year (6 April 2026 to 5 April 2027) unless stated.

• GOV.UK: Inheriting or increasing State Pension from a spouse or civil partner
• GOV.UK: New State Pension – what you'll get
• DWP: State Pension valuation on divorce or dissolution (BR20NSP)
• GOV.UK: Contact the Pension Service
• GOV.UK: New State Pension – how to claim
• GOV.UK: Your partner's National Insurance record and your State Pension

Related guides

• Inheriting State Pension From a Spouse: 2026 Rules
• Contracted out before 2016? How your starting amount and COPE work
• How to check your NI record and read your State Pension forecast