DIVORCE // Pension Valuation Delays: A Growing Concern in Family Law
Delays in obtaining public sector pension valuations—particularly from the Teachers’ Pension Scheme—are causing significant challenges in divorce proceedings. With legal, financial, and emotional implications for separating couples, and especially for vulnerable individuals, the issue has reached a tipping point. As the NASUWT union launches legal action on behalf of its members, family lawyers and clients alike are watching closely. We spoke with Jo Carr-West, Family Partner at Hunters Law, about why this matters, and what can be done in the meantime.
Family lawyers across the UK have long been grappling with the significant and often deeply personal consequences of delays in issuing public sector pension valuations. Among the most affected are members of the Teachers' Pension Scheme (TPS), where protracted delays in receiving up-to-date valuations are creating real barriers to justice and finality for separating couples.
The Teachers' Pension Scheme: A System Under Strain
For years, the TPS has struggled to provide timely pension valuations, a critical step in financial proceedings during divorce. Without this information, parties are unable to seek guidance from a Pensions on Divorce Expert (PODE), stalling not only the fair division of pension assets but often the entire financial settlement.
The scale of the issue is far-reaching. According to a 2024 report from the Pensions Advisory Group, pensions account for up to 42% of total family wealth in divorce cases involving long marriages. Delays in valuing such a substantial asset risk disproportionately disadvantaging the economically weaker party—often women who may have taken career breaks for caregiving or worked part-time.
Legal Action by NASUWT
Towards the end of March, the issue reached a critical juncture with the announcement that the NASUWT, a major teachers’ union, is taking legal action against the TPS administrators. The union argues that the long delays are not only affecting its members’ legal rights during divorce but also causing undue emotional and financial stress.
The legal proceedings may offer a path toward greater accountability and systemic change, but in the meantime, individuals caught in the system are left in limbo.
The Human Cost of Delay
These delays are not just administrative nuisances—they have serious consequences for families. Finalising financial arrangements in divorce is essential for ensuring housing stability, child support, and long-term planning. Without a clear picture of pension assets, courts are often unable to approve consent orders or deliver equitable judgments.
For victims of domestic abuse, this problem becomes even more urgent. The inability to reach a clean break due to unresolved pension issues can prolong emotional trauma and financial dependency on an abusive partner.
Consider the case of “Anna,” a 46-year-old teacher who left an abusive marriage two years ago. Despite court proceedings moving swiftly in other respects, the absence of a pension valuation from the TPS has prevented her from finalising her divorce settlement. With no certainty about her financial future, Anna has been forced to put her retirement planning—and her life—on hold.
Navigating Uncertainty: What Can Be Done?
While lawyers await the outcome of the NASUWT’s legal challenge, many are employing interim strategies to assist clients:
Delay in settlement finalisation, while managing expectations and securing other aspects of the agreement.
Encouraging clients to seek specialist advice early, even in the absence of final valuations, to understand likely outcomes and preserve negotiating positions.
In some cases, judges have been willing to approve partial settlements that leave pensions unresolved temporarily, although this is far from ideal.
Looking Ahead
The current delays represent a systemic failure that undermines trust in public institutions meant to serve citizens fairly and efficiently. Legal professionals are hopeful that the NASUWT’s legal action will prompt not only remedies for affected members but also broader reform in how pension information is provided during family law proceedings.
In the meantime, the legal community continues to advocate for practical solutions that prioritise the needs and wellbeing of clients—especially the most vulnerable.
If you're going through a divorce and facing delays related to pension valuations, speak to your solicitor about interim steps and available protections. No one should be left in legal and financial limbo because of administrative delays.
