4. Are the pensions of my husband/wife counted as assets when the court deals with the matrimonial property?
If the pension has not realised or is still illiquid because the party has not retired yet, it is not an asset and will most likely be exclude from the matrimonial pot.
However, if the pension has already been realised into cash, then it is an asset. If the parties do not have a lot of money, the pensions would be brought into the pool of assets and be split so that the parties’ needs can be met. It is only when there are surplus funds for division can the parties and the court consider excluding the pensions from the matrimonial pot or not.
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