Ireland

How is pension dealt with on divorce?

s. 17
Relevant section
1996
Enactment year
Court order
Required method
Pension split
Available option
The Short Answer

On divorce in Ireland, pensions can be divided or adjusted by the court under section 17 of the Family Law (Divorce) Act 1996, using pension adjustment orders or pension splitting.

What the Law Says

The Family Law (Divorce) Act 1996 gives Irish courts power to deal with pension rights when granting a divorce. This ensures fair financial provision for both spouses after marriage ends.

Under section 17 of the Family Law (Divorce) Act 1996, the court may make a 'pension adjustment order' — a court order that directs how pension benefits are to be shared or allocated between spouses following divorce.

The order can apply to any pension scheme, including occupational, personal, or state pensions, and may provide for a portion of the pension to be transferred to the other spouse, or for future pension payments to be shared.

The court must consider factors like the length of the marriage, each spouse’s financial resources, contributions to the family, and the standard of living before separation.

Statutory Text

The court may, on granting a decree of divorce… make such provision as it thinks proper… in relation to the pension rights of either party… including… an order directing that a specified part of the pension benefits… shall be paid to the other party.

Family Law (Divorce) Act 1996, s. 17 — Provision in relation to pension rights

What to Do

1

Obtain full details of all pension schemes held by both spouses (scheme name, value, type, retirement age).

2

Include pension assets in your financial affidavit filed with the court.

3

Apply to the court for a pension adjustment order as part of the divorce proceedings.

4

Ensure the pension provider is served with the final court order so it can be implemented.

5

Seek legal advice from a family law solicitor experienced in pension division.

Sources

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.