Pension question re: divorced women

MM2005

Hi there, just wondering if someone knows the law on pensions when it comes to divorced woman etc.?

Can a pension aged woman claim half of her ex-husband's pension after he has died?! The pension in question is for someone who worked for the local council. I have heard a new law came in to allow this but don't know if it applies now, if it is just certain pensions, etc. I would be most grateful if someone can clarify.

Bossyboots

The pension sharing annex has to be dealt with at the time of the divorce so if there is not already one in place, there is nothing that can be done about it now.

margaretclare

Hi

There is a death-in-service pay-out for someone who was in the Local Government Pension Scheme at the date of death, but the pay-out would go to the next-of-kin, not to an ex-spouse, who is no longer next-of-kin.

Margaret Clare

CIS

Iam assuming that the divorce went through before death ?

He has she got her State Pension topped up as a divorcee ?, she's entitled to have her pension topped up using his record if it gives her a better state pension - this can be applied for regrdless of when he dies, if its not already in force, and you haven't remarried.

ffacoffipawb

CIS wrote:

Iam assuming that the divorce went through before death ?

I've never heard of anyone divorcing a corpse.

She wasn't a fussy lady, anybody cadaver ..........

CIS

lol:

When I used to deal with divorcees and widows, it was amazing how many people thought that they where divorced, even though the husband died before the divorce was finalised, and how many thought they where widows even when the husband dies after the divorce was finalised.

Bossyboots

CIS wrote:

lol:

When I used to deal with divorcees and widows, it was amazing how many people thought that they where divorced, even though the husband died before the divorce was finalised, and how many thought they where widows even when the husband dies after the divorce was finalised.

At least that's different to those I come across who have thought they were divorced and have remarried.

CIS

I used to come across those as well, the section I was with dealt with all divorcees and widows in the UK for state pension forecasts, and it was amazing how many of these didn't know whether they where single / married / widowed / divorced or what.

One of the best was a woman who hasd been married and divorced 5 times and argued that the law entitled her to receive a full state pension top-up from each of her ex-husbands, it was slightly satisfying to prove that smug ,annoying person wrong :rolleyes:

margaretclare

Hi CIS

That's amusing. My DH's first ex has been divorced 4 times - he was her second and she was married twice after him.

Is there any way of finding out whether a woman is or is not claiming against her ex's contributions? DH thinks his second ex would qualify for a state pension in her own right, he's not bothered about it, personally I think the way she treated him she deserves nowt, but at the time of the divorce she showed herself to be the type of greedy grasping b***h who would have had everything off him that she could. Luckily there wasn't much left, and he gave up his share of the equity (leaving her with the mortgage) in return for keeping his Scottish Widows annuity from a previous career.

Margaret Clare

CIS

There's no way of finding out bar asking her, even though its his NI conts it would be being paid on they class it as her pension and wouldn't release the information.

The only way you could tell is if shes getting more than the 60% figure or if shes getting a category ABL pension.

margaretclare

CIS wrote:

There's no way of finding out bar asking her, even though its his NI conts it would be being paid on they class it as her pension and wouldn't release the information.

Thanks for this. No, we can't ask her! I phoned her once while the divorce was still being fought over, back in 1998, and she accused me of 'harassment' so her solicitor wrote to DH's solicitor and I was threatened with all sorts, just for one phone call!

We visited her daughter recently when we were on our way up through the Midlands. She's quite friendly, understands why DH left, is glad we got married - but when I asked 'does your mum know we got married?' daughter said 'oh no, I daren't mention anything like that, you don't know my mum, she's a "schizo" !'

I suppose I shouldn't feel resentful, after all neither DH nor I are any worse off whatever his ex has or hasn't got. It doesn't seem quite fair though, somehow. Everyone should stand on their own two feet.

Margaret Clare