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UK
Pension Provision
Consequences of
Divorce
At a CEPR lunchtime meeting on Thursday 27 June, Heather Joshi
presented results of her recent research on the effects of divorce on
pension rights in the UK. Heather Joshi is a Senior Research Fellow at
the Centre for Population Studies at the London School of Hygiene and
Tropical Medicine and a Research Fellow in the Human Resources programme
of the Centre for Economic Policy Research. Her remarks were based on
her CEPR Discussion Paper No. 550, `The Pension Consequences of
Divorce', written jointly with Hugh Davies. Financial support for the
research presented in this paper and for the meeting was provided by the
Joseph Rowntree Foundation. The views expressed by Ms Joshi were her
own, however, and not those of the Rowntree Foundation nor of CEPR,
which takes no institutional policy positions.
Joshi noted that divorce will play an increasing role in determining
income distribution for both demographic and legal reasons. Pension
rights are usually a major asset of a marriage (together with a house);
but under current legislation they can neither be cashed in nor assigned
to anyone who is not a scheme member. Therefore they cannot be divided
in a divorce settlement, although in practice they are sometimes taken
into account in cases where there are sufficient other assets to offset
them. Few of the growing numbers of divorced women expected to reach
pensionable age over the next decades will have access to pensions
linked to their ex-husbands' earnings; but divorcees account for a
higher proportion of the female than the male population, and proportion
of women over 60 who are divorced is expected to increase from 3% in
1985 to 13% in 2025.
Although most wives now work, they typically earn significantly less
than their husbands, so the pension rights earned by divorced women
seldom match the rights to share in their husbands' pensions and
associated widow's entitlements they would have enjoyed had they
remained married. Joshi reported simulations of lifetime earnings,
derived from econometric analyses of the UK government's 1980 Women and
Employment Survey, which suggest that the earnings to pensionable age of
a mother of two who remains married may be little more than a quarter of
those of her similarly qualified husband. This fraction varies with the
number of children, the woman's earning power and the matching of the
partners' qualifications; roughly half the gap is due to motherhood,
which typically involves a break in employment followed by lower hours
and pay. The earnings of childless wives and unmarried women also fall
short of those of similarly qualified men. Unless they are caught in the
`poverty trap' of the benefit system, divorced women tend to earn more
than married women, but less than men.
Eventually in the next century the Basic State Pensions earned by wives
in their own right are likely to approximate their husbands'. Provisions
already exist which enable divorced women to substitute their
ex-husbands' National Insurance contributions for their own to make up
their Basic State Pension. The earnings gap between spouses is reflected
more strongly in earnings-linked pensions of various types; and the
contrast between different pension types is just as striking as that
between men's and women's pensions.
Joshi reported that a pension under SERPS the UK government's State
Earnings-Related Pension Scheme is worth much less than a good Final
Salary pension generated by the same earnings with one employer. A
`Money Purchase' pension with maximum contributions (whose value will
depend on how successfully the contributions have been invested) lies
between the two. Reaping the advantages of either private scheme
requires greater contributions than are paid into SERPS. Home
Responsibilities Protection, which is paid under SERPS for time spent
caring for children regardless of whether the parent has contracted out
of the scheme when in full-time work, does little to bridge this gap.
Nor does the inclusion of part-time employment in private pension
schemes make much difference to women's pensions, since such earnings
are low and partly covered by SERPS. Couples who are both well-qualified
and in final salary occupational schemes enjoy the best pension
prospects; `career housewives' and divorced women of low earning power
who have been out of employment a lot fare badly; and pension prospects
are worse for divorced mothers with large families or longer marriages,
or those who have been kept out of employment by the lack of child-care
facilities or the structure of the benefit system.
Dividing pensions at divorce would require new provisions in both
pension and tax law. Joshi considered a scheme to split the rights
accumulated during the marriage only, by paying a transfer to the
partner with the smaller entitlement usually the wife from the other's
scheme when the beneficiary reaches pensionable age. This does not
equalize the ex-partners' final pensions, but it narrows the gap. For a
typical case with two middle-income earners in SERPS, a transfer of
£4 per week from an ex-husband's scheme will only raise an
ex-wife's earnings-linked pension to £18 below the
£25 required to keep her out of means-tested assistance if she
has no other income. If both partners are in Final Salary schemes, in
contrast, a transfer of £15 will increase her pension to
£83 per week. Since most such transfers are small, the gains
to divorced women will not always guarantee their freedom from hardship,
and the `losses' faced by husbands and their subsequent wives are
limited. Joshi noted from her simulations that the pension rights earned
by second wives on the basis of normal working patterns could partly
accommodate the splitting of their husbands' pension rights and their
associated widow entitlements with first wives.
Joshi also noted that the alternative proposal for compensation in
divorce based on modifying partners' independent pension rights to take
account of their pooling of resources to rear children would be
virtually impossible to organize in practice. Joshi reported simulations
indicating that the existing Home Responsibilities Protection can only
moderate and not eliminate such losses. Much of the loss to the wives is
incurred after the divorce, when they are bringing up the children
alone. Such a loss will usually be smaller than the lifetime pension gap
between partners; and only by coincidence will the difference between
pensions earned during marriage equal the pension losses arising from
responsibility for children. Effective pension coverage is best afforded
to such mothers by pensions that are not linked to earnings (such as a
better Basic State Pension).
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