Legal News | 13.01.26
The Divorce Day Myth, and Why Pension Provision Matters in Divorce Settlements
Every January, headlines refer to “Divorce Day”, the first working Monday after the holidays (which fell on 5 January this year). It is often portrayed as the day couples rush to file for divorce. The truth is: Divorce Day is a media myth!
Where Did Divorce Day Come From?
The term was created by journalists and marketers over a decade ago to describe a perceived increase in divorce enquiries at the beginning of each new year. Whilst there is an increase in divorce enquiries in January, we find that this tends to be throughout the month and the most common reason is simply that people wait to address their relationship breakdown until after the Christmas holidays, especially when there are children.
No Myths Here – Pensions Are Being Overlooked
On 5 January 2026, the Money & Pensions Service published research showing that only 4 in 10 people could correctly identify that a pension could be part of their divorce settlement. This is a worrying statistic. When married couples or civil partners separate, one of the most important steps is agreeing on how to divide finances. Understandably, the focus often falls on property, savings, investments and immediate needs. However, pensions should be given the same level of consideration, as they are key to providing security in the future.
Why Are Pensions Ignored?
Pensions can feel less urgent than meeting housing needs or living expenses, sometimes being decades away from being realised. Not only that, but many people underestimate their own, or their spouse or civil partner’s pension value(s), or are not aware of the options available to share pensions.
One example is a case where one party’s pension was nearly overlooked before Wansbroughs was instructed. When the pension valuation was obtained, it was highly valuable in the context of the parties’ assets and had a significant impact on the outcome of the financial settlement.
Why You Should Include Pensions in Your Settlement
Ignoring pensions could have a significant financial impact on your retirement. Pension sharing orders, which divide pension rights fairly between spouses or civil partners, help to ensure fair financial settlements, particularly when one party is financially stronger than the other. If you’re considering divorce, make pensions part of the conversation.
Divorce isn’t about one day in January; it is about making thoughtful, informed decisions for the present and future. Speak to your solicitor about getting a pension valuation and understanding pension sharing orders.
If you would like advice on pensions and divorce, or any other family matter, our Family and Divorce team can assist. We also offer a free 30-minute consultation. Please get in touch: 01380 733300 |
family@wansbroughs.com
