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