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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Can anyone tell me about pension going to spouse upon death?

26 replies

VivaLeThrustBadger · 19/10/2013 17:09

Sorry, know its a bit gloomy.

My dad is terminally ill and currently has a good pension. Teaching pension if that makes a difference.

He was talking aout this to me today and says he doesn't know if his wife will continue to get anything after he's died. I think she will. I know with my private pension my dh would get some of it (not full amount) if I died first.

Other thing is, my parents are divorced and as part of the settlement my mum gets a proportion of his pension every month. Will this stop when he dies?

OP posts:

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meditrina · 19/10/2013 17:13

Yes, it probably will. If they were still married, it would continue to pay out at widows' rate until her death. But as they are no longer married (and presumably not cohabiting) then the pension will die with him.

VivaLeThrustBadger · 19/10/2013 17:22

Thought that might be the case. My mother will be hysterical at that, so ill her have her to deal with on top of everything else.

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meditrina · 19/10/2013 17:24

I am so sorry

LIZS · 19/10/2013 17:27

Think it depends on how the pension is split legally. iirc divorced dependant can continue to receive after death of the pension holder if a particular type of order has been applied to the fund.

VivaLeThrustBadger · 19/10/2013 17:45

Thanks both of you.

Looks like ill have to talk to my mum and see what she can remember about the pension split.

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Ragwort · 19/10/2013 17:46

So sorry, there will be some sort of pension administrator that you could contact to confirm the details. I would check the paperwork if I were you.

Sixweekstowait · 19/10/2013 17:49

Go to the teachers pension website - it's very good and you can download fact sheets. Also they are very nice and you could ring them - if you haven't any details, I'm sure they will answer a generalised hypothetical question but my understanding is that it dies with him

LIZS · 19/10/2013 17:53

I think it depends whether the existing payment (based on his forecast lifespan and service) is split or the fund has been reapportioned and pays out based on each as an individual. Was he still working when they got divorced or already in receipt of a pension ?

VivaLeThrustBadger · 19/10/2013 17:56

He was still working when they divorced. But not as a teacher, so not getting his teaching pension I don't think.

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ImperialBlether · 19/10/2013 17:57

Do they get on? Could they remarry?

12Poppy · 19/10/2013 18:06

Couldn't really say for sure as it will depend on the rules of the teacher's pension scheme and on how the 'pension sharing' on divorce was implemented. The administrators of the scheme should be able to advise your dad on the specifics of his situation. A good website for general background info is TPAS (the pensions advisory service). My best guess would be that your mum would continue to receive since often on divorce the pension is split completely so that she has a pension record in her own right, ie becomes a member of the teacher's pension scheme with her own benefit (pension credit) independent of your dad. wrt his new wife, will depend on scheme rules but often there will be provision for spouse or dependant's pension and she may get this if she meets the definition. It is also possible that your dad would qualify for a serious ill-health lump sum from the scheme, so you may want to ask about that. Very sorry about your dad.

ImperialBlether · 19/10/2013 18:10

Your dad's spouse would get 50% of his pension, but your mum won't get anything as they're divorced. That's why I wondered whether they could remarry, purely for the financial aspect.

VivaLeThrustBadger · 19/10/2013 18:12

My dads married to someone else so no he couldn't remarry my mum. They don't get on anyway.

Ill mention to dad about the lump sum incase he wants to try for that. He only has a few weeks left so it won't benefit him but I suppose it may help my step mum.

Thanks.

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ImperialBlether · 19/10/2013 18:12

Who pays her that proportion of the pension - your dad or the pensions company?

By the way, I should have said before that I'm very sorry your dad's in such a bad way. It must be incredibly difficult for you all.

VivaLeThrustBadger · 19/10/2013 18:13

What Poppy says about the pension been split completely rings a bell. Will have to ask mum if she can remember.

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VivaLeThrustBadger · 19/10/2013 18:15

My mum gets the pension from the pension company not from my dad. She used to be a teacher and I'm fairly sure they added it to her pension to equal them.

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VivaLeThrustBadger · 19/10/2013 18:16

I know it seems morbid to be thinking of this.

Saw my dad today and he's bought a book called "what to do when someone dies". And he's made a folder with all details of bank accounts, where his will is. Nothing if not practical.

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Badvoc · 19/10/2013 18:17

My dad died very suddenly in July.
My mum gets his state pension (hers was only 75%) and annuities from his works pensions (he had 3) and had a lump sum from one of them too.
If you (are you his executor?) or your dad phone the pensions administrator they are usually really helpful ime.
Really sorry op x

ImperialBlether · 19/10/2013 18:20

OP, does your dad still pay child support to your mum?

VivaLeThrustBadger · 19/10/2013 18:28

No child support. Don't know if I'm going to be an executor, I'd suspect so.

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ImperialBlether · 19/10/2013 18:44

Oh OK, just I know that child support takes priority when someone dies.

I think your mum needs to be the one to phone up and ask about how she'll be affected. I know that the survivor gets 50% (I'm a teacher too so I know that much is right.)

Did he retire within the last five years?

VivaLeThrustBadger · 19/10/2013 18:55

He's 69 now. I think he got his pension at 65?? Though that might have been state pension. He was still working at 65, but not as a teacher.

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ImperialBlether · 19/10/2013 18:58

Oh OK it's just that the pension's different if you die within five years of finishing teaching. I suppose it would depend on whether he was paying into the pension at 65.

I think the best thing to do is for you to phone the pensions people on Monday and clarify things. Actually your dad can access his account online now too.

I think all this shows how little we plan for these eventualities - it's madness, really.

VivaLeThrustBadger · 19/10/2013 19:27

I don't think dad has considered it at all. He seemed quite surprised when I suggested my step mum might carry on getting some of his pension.

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ImperialBlether · 19/10/2013 19:39

If he's married to your step mother then she will get half of his pension when he dies. If he has children under the age of 23 then they are entitled to something, too.

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