Trying to take a pension when separated from husband

xylophone

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 

I can see why the husband's name is required but why his signature? 

DullGreyGuy

Silvertabby said:

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.

I dont understand why they'd require his consent/signature for her to commute her pension? I mean obviously he'd lose any benefit but until she dies it is still hers and whilst scheme rules may mean it has to go to the spouse at time of retirement rather than at date of death that still doesn't give that person any rights. 

There are plenty of other circumstances where future benefits can be taken away from a person without their consent because the contract isn't theirs... I can cancel my life insurance without my wife needing to consent, I could change my death in service benefit to a different person without her consent etc. 

Certainly when we did triv comms of annuities we didnt ask for a second life approval though do point out its the whole contract thats going to end

LinLui

Marcon said:

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.

Struggling to think of the religious reason that prevents someone divorcing but allows them to "live in sin". But the OP asked a financial question, not a moral nor ethical one,  and the financial advice would be that in every way obtaining a divorce is extremely wise. 

Silvertabby

DullGreyGuy said:

Silvertabby said:

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.

I dont understand why they'd require his consent/signature for her to commute her pension? I mean obviously he'd lose any benefit but until she dies it is still hers and whilst scheme rules may mean it has to go to the spouse at time of retirement rather than at date of death that still doesn't give that person any rights. 

There are plenty of other circumstances where future benefits can be taken away from a person without their consent because the contract isn't theirs... I can cancel my life insurance without my wife needing to consent, I could change my death in service benefit to a different person without her consent etc. 

Certainly when we did triv comms of annuities we didnt ask for a second life approval though do point out its the whole contract thats going to end

Some pension providers don't offer trivial commutation simply because they don't want the faff of dealing with claims from widows/widowers and having to tell them "sorry - your spouse trousered the lot".  

To be fair, I've always thought that that was covering their 6s to the extreme - if a pension is small enough to qualify for trivial commutation in the first place, then the maximum possible spouses pension would only be about £700 per year.  

Silvertabby

howesy45 said:

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. 

Then the only other thing I can think of is that CS pensions are aware that she is separated, and are expecting to be asked to produce a divorce CETV for the eventual Court proceedings.  Yes, it's easier to run this calculation before a pension is brought into payment, but it can still be done afterwards.

This is no reason to delay payment, and they certainly don't need the ex's signature until the actual Pension Sharing Order stage (if it even reaches that).  If CS don't sort this out pronto then your friend will need to start the complaints procedure. 

howesy45

Silvertabby said:

howesy45 said:

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. 

Then the only other thing I can think of is that CS pensions are aware that she is separated, and are expecting to be asked to produce a divorce CETV for the eventual Court proceedings.  Yes, it's easier to run this calculation before a pension is brought into payment, but it can still be done afterwards.

This is no reason to delay payment, and they certainly don't need the ex's signature until the actual Pension Sharing Order stage (if it even reaches that).  If CS don't sort this out pronto then your friend will need to start the complaints procedure. 

Hi,

Thanks for this :-)

The CS are in fact not aware that she is separated so hopefully there is a way round it now that they know the situation - although they still haven't got back!