The laws in Gibraltar allow for pension funds to be taken into account in divorce settlements. 

Pension Attachment Order

Pension Attachment is the mechanism by which an ex-spouse can receive a portion of the Member’s pension or lump-sum benefits once these come into payment.
The main features of pension attachment orders are:

  • Pension rights remain property of the Member
  • Diversion of benefit(s) to the ex-spouse takes place only from the time that the benefit(s) to the Member comes into payment.
  • Can attach:
    • Member’s pension
    • Retirement lump sum
    • Death in Service lump sum
  • Can’t attach spouse’s pension
  • A Pension Attachment Order must be expressed as % of the benefits payable
  • A Pension Attachment Order takes into account pension benefits accrued after the date of divorce