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Closed petition PE2124: Keep private and work place pensions out of divorce

Calling on the Scottish Parliament to urge the Scottish Government to change the law to no longer consider private and workplace pensions to be a part of matrimonial property.

Background information

I believe the state pension is on its way to being abolished, and not everyone wants to sign a prenuptial agreement or force their future spouse to sign it.

With the state pension age rising, it is looking likely that a young person is not going to receive a state pension, or retiring in their 90's. Workplaces automatically enrol people into workplace pensions, which are only paid by employees. No contribution is made by the partner. Young people as they get older will be relying on workplace or private pensions to be able to retire or take early retirement. If they marry and have a marital breakdown their spouse is automatically entitled to 50% of this unless there is matrimonial property for offsetting. Matrimonial property is considered as both individuals contribute to that. Why is a pension considered to be matrimonial property when only one person contributes to this?

  • Created by Eliza Wyper
  • Date closed 5 February 2025

This petition was considered by the Scottish Parliament

Find out about the decisions taken on this petition

22 signatures