Offsetting can be used to compensate one spouse for the loss of pension rights. The pension finances should be looked at up to the date of separation. It may be the case that a clean break can be effected, for example, by one spouse retaining items of matrimonial property in return for relinquishing a claim on the other’s pension or some of it. Generally the matrimonial property will be split equally between the parties on divorce.
Therefore the one half share of the property that one party would normally be entitled to can, in some cases, be given up, to offset their pension rights.
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