RAF pension and seperated partners

deb13b

Hope someone can help. My sister seperated from her violent husband about 20 year ago. In the last 7 years or so she has been his carer, (going to his house 4 times a day as well as working full time) as he was in extremely poor health. His side of the family havent bothered with him. He died a few days ago. They were never divorced. He gets an RAF pension and it occurred to my mum that my sis might be entitled to his army pension.
The army pension people said that she would probably get it. I'm not convinced. His family will no doubt come out of the woodwork now. He had 2 children by a previous marriage who also didn't bother with him. Obviously there will be solicitors involved soon. Anybody on here been in a similar situation ? I would really appreciate some advice for my big sis.

atush

As his legal spouse, she should be entitled. She should also perhaps have been claiming carer's allowance?

in any case, as there was no legal divorce, spouse trumps his family if he left no will for his other assets, plus his family would never have been entitled to the pension as it is paid only to spouse and dependant children. If he died before taking the pension, he could have named a family member in his declaration of wishes for any death in service benefit, but that ceases of the pension is in payment.

His family should be greatful she looked after him in his time of need, which most would not have done in her situation.


Are there any children? Does he have other assets/a will?