Advice on whether to divorce in retirement

Pee

One of my friends has been happily married for about 30 years. Mainly because they have been separated for something like the last 25.

Both of them are reliable, sensible and caring people and they get on well. They never got divorced as neither of them ever wants to get married again and they didn't want to pay the court fee.

They both live in their own house, both are worth roughly the same.

I pointed out if one dies the other will inherit. He doesn't intend to have any money left when he dies but doesn't have anyone else he would really want to leave it to either, his thought was it might as well go to her.

He's approaching 65 and considering his pension. He has a works pension as well as a state pension and she has been working in lots of different jobs but would have a good National Insurance record.

My view was that they should divorce and get things tidied up but at the moment our only thought is that as a divorced couple she would get a better pension.

Does anyone know how this would work and any disadvantages or advantages you can see?

McKneff

If she has 30 years of NI contributions she will get a state pension in her own right.

He would get a state pension in his own right.

A divorce may bring about the fact that she could actually claim some of his private pension.:eek:

Farway

McKneff wrote: »

A divorce may bring about the fact that she could actually claim some of his private pension.:eek:

IANAL, but if they have lives apart for 25 years I suspect the only winners of this would be the solicitors

Mojisola

Couldn't they get an easy, relatively cheap divorce because they've been apart for more than two years and neither is going to contest the divorce?

If they write wills, they can leave their money to whoever they want.

At the moment, as they are still married, they will considered as each other's next of kin. If they don't want each other to be the person who might be asked to make decisions if they were ever seriously ill, they should nominate someone else and get it put on all their health records.

chesky369

It's possible that divorcing may affect her state pension if she had insufficient contributions in her own right. This happened with me and my husband and I certainly get an increased state pension based on his contributions. I'm in precisely the same position - my ex and I have been separated since 1979 - exactly the same reasoning as your friends. I don't see any need to change now and I wouldn't thank anyone who tried to get us to 'tidy things up'. If he didn't want her to inherit, all he would have to do is make a will, leaving his goodies to someone else. My ex has done so, leaving most to our children but other bequests as well. I've also made a will, leaving things to my children and grandchildren. If they're happy with the situation as it is, I can't see why you're bothered.

chesky369

P.S. Whenever I've been in hospital and asked for my next of kin, I've always put down my childrens' names.

Mojisola

chesky369 wrote: »

P.S. Whenever I've been in hospital and asked for my next of kin, I've always put down my childrens' names.

That works when you're taken into hospital and are able to respond to questions. If you get rushed in as a serious emergency, the authorities will count a spouse, followed by children, as the NOK unless you have made your wishes known.

A letter sent and kept with your records at the hospital and the GPs will ensure the person you want will be accepted as NOK.

This - https://www.advicenow.org.uk/living-together/next-of-kin/ - has a useful NOK card which you can print off and keep with you.

Pee

He asked me about it, which is why I am interested.

There is no issue with her being his next of kin for hospital, like I say they get on perfectly well. If they won the lottery - apart from the fact they rarely enter - they wouldn't mind the other getting half. Neither of them has anyone else who is closer to them.

chesky369

Pee - are you sure you're not talking about my ex? Sounds very like it to me.............

Pee

chesky369 wrote: »

Pee - are you sure you're not talking about my ex? Sounds very like it to me.............

Only if he's forgotten to mention the children!

So you are separated but not divorced and both you and your ex get a single person's pension?

If that'll be the case for them, then it's fine. I bet I still get called in to sort the pension forecast form!

paddy's_mum

It sounds to me to be pretty much a case of if it ain't broke, don't fix it.