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Trying to take a pension when separated from husband

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Partner is looking to take her deferred work pension but the for asks for her husbands name and signature or a divorce certificate.

Her husband left her 10 years ago and for reasons best known to himself is refusing a divorce. They are not on good terms and he would not sign the form even if my partner wanted him to.

Question is - does this actually mean the pension can't be released... because a guy won't divorce or authorise the pension?

Appreciate any advice on this :-) 

   
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  • elsien
    elsien Posts: 36,058 Forumite
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    Has she tried talking to the pension provider?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Marcon
    Marcon Posts: 14,464 Forumite
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    edited 21 August 2024 at 10:39PM
    howesy45 said:
    Partner is looking to take her deferred work pension but the for asks for her husbands name and signature or a divorce certificate.

    Her husband left her 10 years ago and for reasons best known to himself is refusing a divorce. They are not on good terms and he would not sign the form even if my partner wanted him to.

    Question is - does this actually mean the pension can't be released... because a guy won't divorce or authorise the pension?

    Appreciate any advice on this :-) 

       
    Not usually, but your post doesn't include any information about the scheme or how she is trying to take her benefits eg full commutation on grounds of triviality, perhaps? or at least trying to take it early.
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • Silvertabby
    Silvertabby Posts: 10,143 Forumite
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    Only reason I can think of is that your friend wants to trivially commute her pension ( ie, take it all as a lump sum rather than a monthly pension for life).  

    Taking trivial commutation also means that the scheme wouldn't be liable to pay widower's pension benefits in the event of your friend's death, hence the request for his approval.

    She needs to speak to the pension provider to explain the situation.  There will be a way round this.
  • sammyjammy
    sammyjammy Posts: 7,955 Forumite
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    Surely after ten years separated she can divorce him without his agreement?
    "You've been reading SOS when it's just your clock reading 5:05 "
  • gwynlas
    gwynlas Posts: 2,260 Forumite
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    She needs to get divorced and get a financial settlement order otherwise it could mean that he might be entitled to part of this pension. 
  • barnstar2077
    barnstar2077 Posts: 1,650 Forumite
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    A divorce is the way to go for sure.  Who knows what the husband is up to these days.  I wouldn't want even the possibility of something he has done/is doing coming to my door!
    Think first of your goal, then make it happen!
  • Marcon
    Marcon Posts: 14,464 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    OP asked a pension question, but the thread then seems to have spawned a whole load of divorce-related 'advice'. It doesn't seem to have dawned on those confidently asserting that divorce is no problem, the way to go etc etc that there may be religious reasons why consent is needed from the husband.

    Maybe stick to answering the question actually asked, especially when there is no background information (rightly so) to explain why a divorce may not be possible.
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • Thanks for all the feedback so far.

    Don't want to got too much further into the personal side of things but the ex has already objected to a Simple Procedure Divorce (or blocked it). It's a Civil Service pension, and she is not looking to take it early  (matures in Jan 2025) or trying to take it all in a lump sum (she can only convert 25% of it anyway).

    My partner could go for an Ordinary Cause divorce but it's costly and may take some time.

    She has contacted the pension people but not heard back. 
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