Can my husband's ex-wife claim on his state pension, and would this reduce what he gets? Steve Webb replies

By STEVE WEBB, PENSIONS EXPERT AND COLUMNIST, THIS IS MONEY

Updated:

My husband is in receipt of his state pension and I will receive mine in my own right in a few years’ time.

His ex-wife won’t have enough contributions for a full pension so will she be able to make a claim on my husband’s pension? If she can, will this affect the amount that he receives?

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Retirement finances: Can an ex-partner claim on your state pension, and would this reduce your payouts?

Retirement finances: Can an ex-partner claim on your state pension, and would this reduce your payouts?

Steve Webb replies: Under the state pension system as it existed until 5 April 2016, it was possible for women to claim a pension on the basis of the contribution record of their husband, their ex-husband or their late husband.

Similar provisions applied to men with regard to their wife, their ex-wife or their late wife.

Where a woman claimed on the basis of her husband’s record (or ex-husband’s record etc), it had no impact at all on the amount of pension that he received, even though the same contributions were, in effect, being used to generate two state pensions.

Indeed, in some cases the same contributions could be generating a pension for a husband, his ex-wife and his current wife.

However, since 6 April 2016, people reaching state pension age now come under a new state pension scheme.

Steve Webb: Find out how to ask the former Pensions Minister a question about your retirement savings in the box below

Steve Webb: Find out how to ask the former Pensions Minister a question about your retirement savings in the box below

Under the new system, the amount that you get depends on your own record of National Insurance contributions or credits, and the ability to claim a pension based on someone else’s record has largely gone.

The main exception to this is in the case of widows and widowers who may still be able to inherit a small part of their late spouse’s state pension.

In the specific case that you raise, I cannot envisage any circumstance in which your husband’s ex-wife will be able to claim a state pension on the basis of your husband’s contributions.

What about company and personal pensions?

It is worth mentioning that when people divorce, the pension rights which each party holds can be of considerable value, and should be considered as part of the divorce settlement at the time of the divorce.

In some cases, company and private pensions can be shared as part of a divorce agreement. This can be done in a number of different ways, but in this situation, any pension that the ex-wife received would result in a reduction in the amount that your husband receives.

What often happens in practice is that rather than go through the complexity of pension sharing, a deal is done so that the ex-wife gets something of equal value to her share of the husband’s private pension, such as an additional slice of the family home.

In return for this, she renounces any claim on her ex-husband’s private pension.

I am sure that your husband will know whether any such arrangement was reached with his ex-wife in your particular case.

ASK STEVE WEBB A PENSION QUESTION 

Former Pensions Minister Steve Webb is This Is Money's Agony Uncle.

He is ready to answer your questions, whether you are still saving, in the process of stopping work, or juggling your finances in retirement.

Since leaving the Department of Work and Pensions after the May 2015 election, Steve has joined pension firm Royal London as director of policy.

If you would like to ask Steve a question about pensions, please email him at pensionquestions@thisismoney.co.uk.

Steve will do his best to reply to your message in a forthcoming column, but he won't be able to answer everyone or correspond privately with readers. Nothing in his replies constitutes regulated financial advice. Published questions are sometimes edited for brevity or other reasons.

Please include a daytime contact number with your message - this will be kept confidential and not used for marketing purposes.

If Steve is unable to answer your question, you can also contact The Pensions Advisory Service, a Government-backed organisation which gives free help to the public. TPAS can be found here and its number is 0300 123 1047. 

Steve receives many questions about state pension forecasts and COPE – the Contracted Out Pension Equivalent. If you are writing to Steve on this topic, he responds to a typical reader question here. It includes links to Steve’s several earlier columns about state pension forecasts and contracting out, which might be helpful. 

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