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Who legally owns the pension income?

Imagine you have a married couple of say 80 years old. The husband has worked all his life and built up a pension. His partner was his wife, who was a stay at home mum.

From a legal perspective, is that pension income half the husbands and half the wifes? Or all the husbands?

Comments

  • dunstonh
    dunstonh Posts: 120,207 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    It is all the husbands money. Which is why it is taxed as being all his.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • HappyHarry
    HappyHarry Posts: 1,848 Forumite
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    Jon12345 wrote: »
    Imagine you have a married couple of say 80 years old. The husband has worked all his life and built up a pension. His partner was his wife, who was a stay at home mum.

    From a legal perspective, is that pension income half the husbands and half the wifes? Or all the husbands?

    The pension can only be owned by one person, so in this case it will be the husband's pension

    On divorce, all assets, including pensions, are taken into account when looking at a split of assets.

    However, perhaps it would help if you could clarify why you are asking?
    I am an Independent Financial Adviser. Any comments I make here are intended for information / discussion only. Nothing I post here should be construed as advice. If you are looking for individual financial advice, please contact a local Independent Financial Adviser.
  • I am in the process of helping my father work out where to put his money. At the moment, the state want us to pay nearly £4Kpm for my mothers carers bills as we are "self funders." So, we are looking at avoiding unnecessarily paying more than we should.
  • HappyHarry
    HappyHarry Posts: 1,848 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Jon12345 wrote: »
    I am in the process of helping my father work out where to put his money. At the moment, the state want us to pay nearly £4Kpm for my mothers carers bills as we are "self funders." So, we are looking at avoiding unnecessarily paying more than we should.

    Ok - then it is most definitely your father's income.

    Have you looked at this from Age UK?

    https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs39_paying_for_care_in_a_care_home_if_you_have_a_partner_fcs.pdf
    I am an Independent Financial Adviser. Any comments I make here are intended for information / discussion only. Nothing I post here should be construed as advice. If you are looking for individual financial advice, please contact a local Independent Financial Adviser.
  • Thank you for that information.
  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    At the moment, the state want us to pay nearly £4Kpm for my mothers carers bills as we are "self funders." So, we are looking at avoiding unnecessarily paying more than we should.
    What assets does your mother have?
    Does your father still live in the marital home?
    What income does she have?


    Her assets above £14.5K can be used for state care (in part between £14.5 and £23.5).
    The home will be excluded if you father lives there.
    Her income e.g. state pension and AA can be used minus £25 for personal expenditure (like clothing).


    Who has told you that you are "self-funders"?
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