Pension Attachment Orders (Earmarking) is the term used to describe special attachment orders made by courts, where pension rights are allocated to the former spouse or civil partner at the point when the member's benefits become payable from the NHS Pension Scheme.
The court can order that the former spouse or civil partner receives one, or a combination, of the following:
- All, or part, of the members NHS pension
- All, or part, of the members NHS lump sum retirement allowance
- All, or part, of the members NHS benefits bought by Additional Voluntary Contributions.
Where the court grants an Earmarking Order against a member's NHS pension it must be sent to NHS Pensions to action. The Earmarked NHS pension benefits will become payable to the former spouse or civil partner when the member claims their NHS pension benefits.
If the member transfers their pension out of the NHS the Earmarking Order will also transfer to the receiving scheme. We will keep the former spouse or civil partner informed of any transfer.
You can find additional information in the Guide to Pensions on Divorce or Dissolution of a civil partnership on our website.