State pension: separated/divorced?

travel_freak

Hi,

I am trying to help relatives with this and would appreciate any guidance.

The details are: A married couple, but living separately, in different countries in fact! Both receiving state pension but the wife is receiving a very low pension, insufficient to live on as she did not have full entitlement having stopped NI contributions whilst bringing up family. Husband's pension is better and goes further as he is abroad.

Neither particularly want a formal divorce or separation but wife has heard that if there is a formal divorce she will automatically receive a higher pension, without affecting the amount her husband already receives - this is important as neither want to cause the other any financial difficulties but if wife would be able to receive a better pension from from the state this would help her finances as she is struggling.

Please does anyone know whether there is any truth in the above, how I could find out more informally at first and then if there is an easy and informal divorce route to go down whereby both parties agree to a divorce without any financial claim against the other?

Many thanks for any help.

EdInvestor

The wife can claim 60% of her husband's basic state pension anyway.So if her own pension is less than 60% of his, she should contact www.thepensionservice.gov.uk and get it increased.

Both of them should also check if they can pay any missing years via voluntary contributions, which would increase what they get. You can catch up back to around 1999 IIRC This can be done even after you claim the pension.

Aylana

Hi, if she gets divorced she can claim a pension equal to the amount of pension her husband has from the start of his working life up until the date they are divorced. So if he has a full pension she will probably get one too. (This will not affect his pension) Give the pension service a ring on 0845 6060265 and have a chat with them. Ask about pension credit too she might get her income topped up by that without the need to get divorced. I should think she can get her pension increased one way or the other without the need to pay any voluntary contributions.

travel_freak

Many thanks for the helpful replies, esp. Aylana, this is what W thought - presumably then only on a formal divorce rather than a separation? I'll try calling the Pension Service as you suggest and will explore pension credit too.

Many thanks again.

Aylana

yep formal divorce only, when separated they are still classed as married regarding the state pension. Definately see about the Pension Credit first. good luck.

bryanb

Aylana wrote: »

yep formal divorce only, when separated they are still classed as married regarding the state pension. Definately see about the Pension Credit first. good luck.

If married I believe spouse's income and savings etc. is taken into account for pension credit.

CIS

There are two different calculations involved in deciding the pension payable on divorce (substitution) .

1) your record before and after the marriage and the spouse's record for the marriage

or

2) The spouse's record during the period of your working life up to the date of divorce and your record afterwards.

If your own pension record gives a better pension then you can claim solely on our own record.