spouse's entitlement to pension?

sueylouy

I would love some advice please. My husband and I split up after 23 years of marriage, but did not divorce. During our marriage we took the decision that I would stay at home and look after the children - subsequently not contributing to my own pension. When we split up I didn't ask for any of his pension although I believe I was entitled to some of it as I was at home for 13 of our 23 years together.

Unfortunatley he became ill 2 years after we split and he died. Rightly he left everything to our children but I don't think his Prudential pension was included in the estate. 1. Should I as his partner for 23 years have received some of his pension on his death? 2.Should our children have received some of his pension on his death?

I would be grateful if anyone knows where I go with this one.

EdInvestor

sueylouy wrote: »

When we split up I didn't ask for any of his pension although I believe I was entitled to some of it as I was at home for 13 of our 23 years together.

You were entitled whether you did that or not, to half of it, though often people will "trade" a share in a property, say, for their share in the pension.

Unfortunatley he became ill 2 years after we split and he died. Rightly he left everything to our children but I don't think his Prudential pension was included in the estate. 1. Should I as his partner for 23 years have received some of his pension on his death? 2.Should our children have received some of his pension on his death?

Was he taking the pension income ? If not, unvested pensions are not normally in the estate. The trustees (ie the Pru) will normally pay the pension fund out in cash to the person's nominated beneficiaries.

If the person has ignored dependants when making his nominations, the trustees may go against his wishes.Do you know who received the money? Had your ex remarried? Were you or your children his dependants when he died?

If the pension was being paid out, you would not be entitled to anything as a former wife unless the pension was in income drawdown and you were a nominated beneficiary, which you obviously weren't.

sueylouy

Many thanks for taking the time to answer. At the time of his death he had stopped making contributions due to his ill health and he was not takng the pension income. I was not a nominated beneficiary but his children were his dependants. He had been paying into this pension for well over 20 years. Should the Pru have paid out to them, if not what has happened to his pension fund?

dunstonh

hould the Pru have paid out to them, if not what has happened to his pension fund?

A pension is a master trust so the nomination of beneficiary is just an expression of wish and not binding. Also, the pension fund is not part of any estate so does not rely on instructions in a will. If he nominated the children and you were separated at time of death and the pension is purely ordinary rights then the children would get the funds.

EdInvestor

If the children were his dependants at the time of his death and have not received any money from the fund, then suggest you write to the Pru trustees and inquire what has happened to the money.If he was not contributing to the pension and there are no other nominated beneficiaries, it seems possible the Pru does not know he has died and the pension fund is just sitting there..