Pension sharing order after a death

Mandyren

Hi
Part of my divorce 7 years ago was a pension sharing order which gave me a 30% share of my ex husbands pension. We both remarried. Then last year he was tragically killed. What happens to the pension sharing order? Will I still get my share? I feel heartless even posting this but I’ve got to put my emotions aside and think of my future. I am 53 this year and have worked as a nurse for 30 years, mainly very part time as a mum. I am pretty much depending on his pension as well as my own. Is there anything I need to do?

Dox

Pension sharing is a formal, court-authorised agreement to divide a couple's pension assets at the time of divorce. The court awarded you 30% of the capital (i.e. total) value of your ex-husband's pension at the time you divorced. You would either have left it in 'his' pension scheme and become a member of that scheme in your own right; or moved it to another pension arrangement of your own choosing.

Which did you do? If you can't remember, contact his pension scheme and ask. They should by now have been made aware of his death by his wife, but there is no harm in confirming his date of death and the fact you had a 30% share awarded to you on [date of your divorce].

Silvertabby

My sympathies. Even though you were divorced, he had still been part of your life.

As for your query, it all depends if this was an actual PSO or a pension allocation order. As you were divorced 7 years ago, it's more likely to be a PSO.

Did you receive any paperwork regarding your allocated pension at the time? Which pension scheme was your ex husband a member of?

Thrugelmir

Did you not implement the order when it was issued?

Mandyren

Thank you everyone. I am new to the forum so I can’t work out how to reply to your individual posts. So I hope you get to read this.
You have given me some good advice which I will get onto tomorrow.
His pension is an MOD one.
The only worrying thing was the last question whether I implemented the order. I have no idea. I hope so! I pretty much left everything like that to my solicitor. So that’s something I need to check. And not panic.

Mandyren

Thank you, yes he was in the Army then the MOD fire service.

Silvertabby

Mandyren wrote: »

Thank you, yes he was in the Army then the MOD fire service.

Unless he transferred his Army pension benefits into the MOD fire service pension scheme (only possible if he left the Army with deferred pension benefits, not an immediate pension) then that's two separate pensions. Did you get PSOs for both of them - or more from one with the other being untouched?

Assuming that you have one or two PSOs, and not attachment orders, then they should have been implemented at the time of the court order - usually by your solicitor sending copies of the PSO (s) to the pension funds. You would then be a 'pension credit' member of either (or both) the AFPS and/or MOD Fire service pension.

Dox

Mandyren wrote: »

The only worrying thing was the last question whether I implemented the order. I have no idea. I hope so! I pretty much left everything like that to my solicitor. So that’s something I need to check. And not panic.

It was a daft question for the poster to ask - if you knew the answer you wouldn't have posted in the first place!

Really no need to panic. Just contact the scheme and all will be well.

Mandyren

Thank you. As far as I remember he transferred his army pension over to his MoD fire service one. But I will definitely check.
And thank you for the reassurance on the implementation question. That sent me into a panic!

TBagpuss

Normally the order would have been implemented at the time - your solicitor would have sent the order and a copy of your decree absolute to the pension provider.

In the first instance, contact the provider and ask.