16th February 2026
There is evidence that pensions are playing a more significant role in divorce settlements than they have historically, although how that trend shows up in official data depends on the measure you look at.
Here's a balanced summary of what recent research and reporting shows (with a focus on the UK, where most recent data is available):
Trends pointing toward pensions becoming more relevant
Some reports show increases in pension sharing orders in the past. For example, in the early 2020s the number of pension sharing orders (a formal legal way to divide pensions in divorce) rose by about 17 % in a year, suggesting pensions were becoming more contested as assets in divorces.
Pensions have grown in value for many couples (due to market growth over the past decade), so they are more important financially than in past generations — second only to property in many cases. This naturally leads divorcing spouses and lawyers to focus more on pensions.
Other data shows pensions are still often overlooked
Despite their importance, the majority of divorces still don't include pension assets in the financial settlement — recent research shows about 70 % of divorce settlements did not consider pension assets.
Only a small proportion of divorces involve formal pension sharing or attachment orders, with figures like around 11-13 % including such orders in recent years.
Awareness of pensions as part of a divorce settlement is relatively low: a recent survey found that just 43 % of UK adults correctly identified that pensions can form part of the financial settlement in a divorce.
How this compares to the past
Historically, pensions were more likely to be ignored because people either didn't understand their value or pensions were smaller relative to other assets like house equity. Modern pensions are generally larger and a more visible asset, so they are more frequently a point of negotiation than in earlier decades.
However, the formal use of pension sharing orders hasn’t consistently risen — in some years it has stalled or even fallen relative to total divorces, partly because many couples still resolve settlements without formally splitting pensions.
More couples are recognising pensions as important assets in divorce than in the past, partly because pension pots are larger and retirement security matters more.
Formal pension splitting is still relatively uncommon overall, and many divorces still overlook pensions.
Awareness and inclusion of pension assets are increasing in conversation and guidance (e.g., legal/financial advice), even if the share of divorce settlements that formally split pensions remains modest.
Key figures from UK court and research data
Low prevalence of formal pension orders
Court data shows that pensions are formally shared (via pension sharing or attachment orders) in only around 13 % of UK divorces over a five-year period — just 80,290 out of 602,491 divorces from 2016 to 2021.
Another analysis notes that despite over 113,000 divorces in 2022, around only about 12 % included pension sharing in financial orders.
Court actions & trends
Pension sharing applications once numbered over 36,000 in 2017, but fell to around 23,600 by 2021 — a 35 % drop even as overall divorces continued.
Pensions vs total settlements
In general, the majority — roughly 70 % of divorce settlements — do not explicitly consider pension assets when splitting finances.
Interpreting what this means
Only a minority of divorces result in formal court pension orders — even though pensions are often one of the largest financial assets couples hold.
Many couples either settle outside court, offset pension value against other assets (like the family home), or simply overlook pensions in negotiations.
Where pensions are considered, the number of orders or formal involvement can fluctuate year to year, partly due to changes in litigation behaviour and how data is recorded.
Broader research insights
Academic studies also back up the view that pension sharing orders happen in a small minority of divorce cases, and that pension variables are often under-reported in formal court statistics — which means trends can be harder to track precisely but the overall pattern of low inclusion holds.