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Divorce/separation

State pension

9 replies

Notbeingrobbed · 08/08/2018 12:26

Stbex seems to have the notion my state pension must be shared with him. He also works and has a state pension of his own. I believe all pensions are now individual. Neither of us is close to state retirement age. Is he right and if so...why!!!???

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waterSpider · 08/08/2018 15:35

The changes to the state pension from 2016 may this even less likely but not impossible.

Pre-2016 the Basic State Pension (worth about £125 a week when claimed) could not be shared, but any top-ups (additional pension, linked to earnings, also called SERPS and S2P) could be shared. But the top-ups tend to be small, unless never in a workplace pension, and particularly if earnings have been low.

Post-2016 the New State Pension cannot be shared. A few people will have 'protected pensions' based on past contributions under the previous scheme, which can in principle be shared.
BUT - we are talking about only a small slice of the State Pension (most likely) and if you're youngish it is likely to be trivial.

However, non-state pensions (occupational pensions, private pensions) certainly can be shared or included in a financial settlement in other ways.

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Notbeingrobbed · 08/08/2018 17:07

Ok, I’ll see what happens. But as far as I am concerned I see no reason why it should be shared. If a man is too lazy or incompetent to earn any more, while having a job, why should his wife subsidise him?

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waterSpider · 08/08/2018 18:45

That's what happens when you get married, you have obligations to support each other when that marriage ends. Many would argue that men have historically had the worse of it, financially, on divorce. None of which helps you, I know. Maybe more dissatisfied wives is a sign of equality taking effect??

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MrsBertBibby · 08/08/2018 19:45

State pensions are now the same regardless of earnings. If you paid NI for 35 years, you get a full pension. If you have fewer than 35 years you get less pension.

Are there other pensions in play here OP?

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Notbeingrobbed · 08/08/2018 21:14

Yes, I have private pensions and he should have a pension too. I’ve got CETV statements for mine.

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Notbeingrobbed · 08/08/2018 23:17

I don’t see it as equality. In most cases where wives are “looked after” by money from their husbands they have children to support and have given up work to raise them. This is not my case. We have both worked so why should one take the other’s pension? You promise to take care of each other while married but the marriage is over now and I am the one left raising the kids.

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wobytide · 09/08/2018 09:02

Because whilst you were married you presumably had plans that you knew all your pensions would be pooled to fund your joint lifestyle. In some cases this then leads to an equalising of income in retirement if the people don't have much time to provide for themselves.

Without all the details and ages though it's all guesswork. If there are multiple assets like property and children involved and you are some way from retirement then there are a multitude of ways to split those assets but for now the children and their situation takes precedence over all the other factors. If that requires you taking a greater share of the other assets to achieve that then the pension may well be used to offset that in another way