How Much of Your Partner’s Pension Are You Entitled to in the UK?

As a partner, you have a right to your spouse’s pension. The money you are entitled to depends on the following factors:

• Where your partner worked
• When your partner retired
• When your partner died
• Whether or not you’ve waived your survivor’s benefits.

A spouse needs to be over the state pension age to claim their partner’s pension. You may get extra pension payments depending on your partner’s National Insurance Contributions. If you are under the State Pension age, you won’t be entitled to your partner’s pension if you:

1. Form a new civil partnership
2. Remarry

The amount of State Pension you’ll receive depends on when you reach your State Pension age. If you reach your State Pension age before 6^th April 2016, you’ll get your spouse’s pension according to his NIC contributions. If you reach the State Pension age after this date, you’ll be entitled to the New State Pension and receive extra payment on top of your pension.

Additional State Pension

Your partner may have contributed to an Additional State Pension, previously known as State Earnings-Related Pension Scheme (SERPS). You are entitled to receiving 50% of this money regardless of when your spouse died.

You can only inherit a maximum amount with Additional State Pension. It can’t be more than £180.31/week if you have your own Additional State Pension. Nevertheless, the actual amount will depend on your National Insurance Record.

How it’s Paid

After claiming your spouse’s pension, you’ll receive a letter about your payments. You’ll get paid every four weeks in your account. Also, you’ll not be paid in advance but in arrears, i.e., for the past four weeks.

After you’ve reached your State Pension age, you’ll receive your first payment in 5 weeks. After that, it’ll be every four weeks. The letter will inform you of what to expect.

Your National Insurance number will decide the day you’ll get paid. If your payment day is a holiday, you’ll get paid earlier.

Private Pensions

You may also receive payments from your spouse’s workplace, depending on the pension scheme they chose. However, you’ll have to pay a tax on private pensions if the provider doesn’t pay it for you.

To learn about your pension rights in divorce and separation, contact us. Wembley Solicitors will ensure you get all your legal rights in terms of finances and assets. Our immigration lawyers in London also handle all immigration appeals.