Can I Claim My Ex-Husband’s Pension If He Dies

Can I Claim My Ex-Husband’s Pension If He Dies?

If your ex-husband passes away, you might wonder whether you are entitled to any part of his pension. The answer depends on several factors, including the type of pension he had, what arrangements were made during your divorce, and whether he made any nominations after your separation.

This guide explains your potential rights to an ex-spouse’s pension after death, including the rules for State Pension, workplace pensions, and personal pensions in the UK.

1. Was the pension split during divorce?

The first question to ask is whether your ex-husband’s pension was formally divided during your divorce. In England, Wales and Northern Ireland, this can be done through:

• A Pension Sharing Order

• A Pension Attachment Order (called an earmarking order in Scotland)

• Offsetting, where the value of the pension is traded for other assets

If no pension sharing or attachment order was made, you may not be entitled to any part of his pension after his death — unless you are still listed as a nominated beneficiary on certain policies.

Let’s look at each scenario in more detail.

2. Pension Sharing Orders

If your divorce involved a Pension Sharing Order, part of your ex-husband’s pension would have been legally transferred to you and placed in your name, usually in a separate pension scheme.

This becomes your pension, and your ex-husband’s death has no further impact on what you receive. You do not need to claim anything additional from his estate or pension provider when he dies.

3. Pension Attachment Orders (Earmarking)

If the court granted a Pension Attachment Order, you may be entitled to receive a portion of:

• His pension income

• Any lump sum

• Death-in-service benefits

Unlike pension sharing, this benefit ends when your ex-husband dies unless the order specifically includes death benefits.

In most cases, if the order only applied to income, payments will stop when he dies. However, if the order earmarks lump sums or death benefits, you may still receive something.

It is essential to check the exact wording of the court order and contact the pension scheme for clarification.

4. No formal pension order during divorce

If your divorce did not involve a pension order, your rights are limited. Most pension schemes will not automatically pay benefits to an ex-spouse unless:

• You were still financially dependent on your ex-husband

• He had nominated you as a beneficiary on a defined contribution pension

• His pension scheme rules allow discretionary payments to ex-spouses (rare)

In most cases, pension benefits will go to:

• A surviving spouse or civil partner

• Financially dependent children

• A nominated beneficiary

If your ex-husband remarried, it is likely that his current spouse would be entitled to receive survivor benefits.

5. State Pension and divorced spouses

You cannot inherit your ex-husband’s State Pension, but you may be able to benefit in one of the following ways:

If you reached State Pension age before 6 April 2016:

You may be able to claim extra basic State Pension based on your ex-husband’s National Insurance contributions if:

• You were married for a significant portion of his working life

• You are not remarried or in a civil partnership when you reach State Pension age

This can be done through a claim to Pension Service.

If you reached State Pension age on or after 6 April 2016:

You are under the new State Pension system, which does not allow you to inherit or base your entitlement on your ex-spouse’s contributions.

However, if a court ordered a pension share of your ex-husband’s occupational pension, this would still apply.

6. What happens if your ex-husband nominated you?

If your ex-husband nominated you as a beneficiary of a defined contribution pension and did not update it after the divorce, the pension provider may still consider you.

Most schemes have discretionary powers, so they are not legally bound to follow the nomination, but it will carry weight.

If you believe your ex-husband intended for you to benefit, you can contact the pension provider and make a claim. You may need to provide:

• A copy of the death certificate

• Proof of identity

• Evidence of financial dependency (if relevant)

It will be up to the scheme trustees to decide whether you are eligible for any payment.

Final thoughts

Whether you can claim your ex-husband’s pension after his death depends entirely on the arrangements made during your divorce and the type of pension involved. Key points to consider:

• Pension Sharing Orders provide permanent entitlements, unaffected by death

• Pension Attachment Orders may end at death, unless benefits were earmarked

• Without formal orders, your rights are limited and based on nominations or dependency

• State Pension rules differ depending on when you reach retirement age

If you are unsure, speak to the pension provider, check your court paperwork, or seek legal advice. Pensions can be complex, but understanding your position can help you claim what you are entitled to.