Divorce or dissolution of civil partnership The effect on pension rights In the event of divorce, dissolution of civil partnership, annulment or judicial separation, a court may order a pension scheme to pay all or part of a member's entitlement to pension to his/her former spouse or civil partner. This could be in accordance with an attachment order, sometimes referred to as an "earmarking" order, or under the terms of a "pension sharing" order. Divorce Guide The authority’s pensions administrator can provide pension information, if so requested, for the court proceedings. An earmarking order could apply to all or part of your retirement pension, potential lump sum, or possibly your death grant. If you have already retired, the order may require immediate payment of pension to your former spouse or civil partner. If you are an active or deferred member the order would not have effect until the benefits become payable. A pension sharing order would have immediate effect. The court would instruct that a percentage of the value of your benefits should be deducted to provide "pension credit rights" for your former spouse or civil partner (who becomes a "pension credit member" of FPS2006). The pension credit rights would remain in the FPS2006 until the pension credit member is eligible to draw them at age 65, or put into immediate payment if he/she has already reached that age. The pension credit cannot be transferred to another pension arrangement. If the pension credit member dies before, or within five years of, payment of his/her pension, a death grant would be paid. There are no survivor pensions attached to a pension credit.