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What are the issues with attachment orders? |
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Attachment orders have a few significant issues that limit their use in practice:
- The attached pension would cease on the death of the pension holder. Normally life assurance is bought to protect the ex-spouse should this happen.
- The attached pension ceases on re-marriage of the ex-spouse.
- The attachment is expressed as a percentage of the final pension amounts payable. This will include pensions acccrued before and after marriage. Therefore attachment is normally only suitable on pensions in or near payment.
- The pension is taxed in full in when received by the pension holder, with no tax paid by the ex-spouse. This may mean some of the pension being taxed at higher rates of tax, and that the ex-spouse cannot take advantage of her personal allowances in retirement.
In addition there are some implementation issues to watch out for:
- Is it clear whether the attached income is a percentage of the gross or net figure?
- Have the attachment percentages for the lump sum death benefits and tax-free lump sum been defined, as well as the for the pension income?
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