Can a dependant be provided for from ex-husband's pension?

Debt_Free_Chick

juicedup wrote: »

I don't believe he will have made any provision for our children which was why I wondered, if something should happen to him whether for atleast our remaining dependant (13 years old) there was an opportunity to claim on his pension pots for some financial support.

It depends on the benefits provided by the type of pension he has. In a defined benefit or final salary pension scheme, specific benefits are provided. Usually, a pension is paid to a spouse, only. Sometimes, a pension is paid to a spouse with another separate pension paid to a dependant child - but this is not common.

If they are "pots of money" (a money purchase or defined contribution pension), then the pot of money will usually be paid out as a lump sum and not a pension.

Lump sums can be paid to a range of beneficiaries, depending on who they are. Beneficiaries would include spouse, children, siblings, parents ... and anyone else financially dependant on the deceased. So your daughter should be taken into account as a potential beneficiary. The trustees then decide how to split the money between the different beneficiaries. They will take account of any Expression of Wish or "nomination" made by the deceased - but they have to take account of the whole situation too.

I think the difficulty you have in making a claim is that your daughter is not financially dependant. She should be considered as a beneficiary anway as she is a minor - but as he is not supporting her financially, she is not "dependant" in that way.

I don't know what the process is with claiming spouses/dependents pension and whether that is something executors get involved in?

No, the executors do not get involved - but they are likely to be the only ones who will know about all his pensions. Either you need details of each one - the reference number and name of the managers/trustees - or you need to get them at the time of his death.

You then simply write to each one and tell them that the deceased left a daughter from a previous marriage and ask them to consider a payment of any lump sum, to her, as a beneficiary.

There is almost certainly no absolute entitlement. It will be for you to make out a case that the daughter should be considered for a payment. Had he been paying maintenance, you could have argued a much stronger case. Without the financial support, it's more difficult - but you should claim anyway, as financial dependance is not mandatory for payment of lump sums to beneficiaries.

HTH

floss2

Debt_Free_Chick wrote: »

Usually, a pension is paid to a spouse, only. Sometimes, a pension is paid to a spouse with another separate pension paid to a dependant child - but this is not common.

Civil Service pension scheme certainly does this - when my father died in 1991, my youngest brother was still in full-time education at Uni & he receeived a pension until he left Uni, alongside my mother's widows pension from them.

All 4 pension schemes that I have provide pensions for dependant children until out of full-time education as well as spouse/civil partner - Norwich Union, CIS, Local Goverment & Newsquest company scheme.

Floss x

Strapped

I was going to say what floss2 said. I have a pension which provides a spouse's and dependent's pension, and one which is for me only. I thought that most occupational pensions provided for children.

I think it's a bit sick not to wait until he's actually dead though!

Debt_Free_Chick

True - it's the bigger schemes that tend to provide a children's pension in addition to a spouse's pension.

Many other scheme provide a spouse's pension only. If there is no spouse, then the pension goes to the child. But some will pay a spouse's pension to a dependant instead i.e. a unmarried partner.

It really depends on the rules of the schemes involved ....

And, yes - a child's pension is usually on payable until they cease full-time education. Which is now age 23 under the new regulations. Any pension paid to a "child" over the age of 23, even if in full-time education, may be an "unauthorised" payment and be fully taxed.

ellie14

Hi juiced up hope you found some good advice here ,I would still have a word with the c s a mine had a nil contribution but I kept pestering and this new lot re opened my case ( when did you hear of a gp having no earnings ) you never know ,its taken them five years but finally have agreed he owes me £5000 a bit different to nil good luck ,dont feel awful about planning think if the boot was on the other foot!