Not married DP is not entitled to half my pension if we split is he?

[Isthisnormalorisitme]

I was pretty sure not, but have just phoned an advisor and he says that he may be.

If you’re not divorcing then who would be awarding it to him? I don’t see how that what work.

He’s not. You’re not married so your pension is simply your pension.
Did the advisor misunderstand and think you were married?

No he fully understood that we weren't married. I had some legal advice a while ago and was told that partners have no right to pension.
I think the advisor is not well qualified and I will not be using him. He told me to go back to him when I had a separation arrangement in writing?!

He was also quite arrogant!

Did the advisor understand that you were asking about what happens if you split? If you were to die he might be entitled to something depending on the rules of the scheme - some do pay survivor benefits to unmarried partners if the scheme member dies. But if you split and you’re not married he won’t be entitled to anything.

He fully understood as I said I wanted the 25% cash free lump sum to help buy him out of the house.
I'm quite cross that he can give such bad advice!

No, why are you taking legal advice from an ‘advisor’, wtf dies that even mean? If you’re not married your DP isn’t entitled to anything from you. If you win something together like a house or a business he’s entitled to his own share but nothing if yours. There is no difference between your relationship and a couple who went on a couple dates in general in the eyes of the law (there are some exceptions).

It depends what your pension states - ours both give payments to a named partner after death, so I guess he might be due something? Ring your pension provider and check if you can't find the paperwork or make sense of it.

*Assuming you’re in England or Wales?

Yes in the UK. I know after death there may sometimes be an exception as in a recent armed forces case?
And, you can have a partner as a beneficiary when you die.
He was adamant about it.
Unfortunately I have to go to an advisor to cash the pension in, but not this one!!

I think in some rare cases an unmarried partner has made the case for being entitled to a financial settlement; but that is usually a very exceptional circumstance.

Your “advisor” sounds like a clueless idiot who should not be allowed to be anywhere near any sort of advisory role.

I thought the law was changed recently to give long term partners the same entitlements as married partners?

Dontiknowit Not in England. There was a high profile case recently where a bereaved partner was granted some benefits usually associated with married people but the judge made clear that this was an exceptional case.

If you think about it, there’d be carnage - at what stage do you progress from “dating” to legal “partners”? What if you have previous children?

(And I say this as someone currently happily Living in Sin with my partner of 12 years btw).

I’m aware that I have less rights as his partner than his wife.

Oh unless you’re referring to civil partnership?

@Dyrne

I think in some rare cases an unmarried partner has made the case for being entitled to a financial settlement; but that is usually a very exceptional circumstance.

Your “advisor” sounds like a clueless idiot who should not be allowed to be anywhere near any sort of advisory role.

In no cases can an unmarried partner get a financial settlement. All they can get out is what the law says they already own, which may not always be evident from the paperwork.

Thank you Dyme. He was so adamant he made me doubt myself

Are you taking about a financial advisor, as opposed to a legal one? And is this person a qualified IFA?

Yes apparently an qualified IFA. I just asked about cashing in pension and he came out with that little nugget

I would be tempted to make a complaint to the FCA about him

www.fca.org.uk

IFAs aren't family lawyers - therefore not qualified to advise you on that point

I remember a case a few years ago of an unmarried couple who had been together for many years. The house was under his name only and he'd paid the mortgage. He refused to give her anything, she took him to court and was entitled a good chunk of it.

I assume a pension might be different to a house and of course, we only know what the press choses to report, but ultimately, the position that an unmarried partner shouldn't be entitled to anything was challenged successfully in that case.

Collaborate yes I think you’re right. I thought I remembered a couple of high profile court cases where women had split from their millionaire partners and successfully argued that they were owed some of that money in a split, but I can’t find anything from googling so I must have misremembered. And they would be extreme outliers anyway.

Is your DP named as a beneficiary on the death benefit nomination form/expression of wishes?

If so, get that changed immediately. Go direct to the pension company for that.

(Having said that, the Pension Company can pass the death benefit to whomever they see fit by the way. So even if you had named your DP, if you a had a child that wasn't his, chances are the Pension Company would give it to the child, in trust depending on age)

An unmarried partner is not entitled to payment from your pension during life (although may after death depending on pension scheme and your expression of wishes). @dontdisturbmenow unmarried partners can make claims on property (as can anyone else) on basis that they have a beneficial interest as they have paid for part of it or otherwise contributed. But there has been no English case that generally awarded assets to an unmarried partner just because of that.