Late / ex spouse's pension entitlement

[CatAndHisKit]

My friend who isn't on mumsnet says she is sure she's not entitled so doesn't really want to go to a lawyer as it will be 'embarassing to appear grabby' so I offered to try here first.

So she had two marriages and he first husband died shortly after divorce, he was then pension age and claiming state / employer? pension, she never knew the details but he was a relativel low income, they were together a few years. She thinks she can't claim anything from his pension as they did divorce before his death (but no lawyer agreement not to share pension etc, and she didn't make any claims or maintenance at all from him).

Second marriage was longer and ended in divorce via legally agreed financial settlement (no ongoing maintenance and she signed agreement about no future claims). Again, assumes can't possibly have any future claims on any precentage of his pension.

Is she correct thinking that as she married again, she can't claim anything re her 1st husband's pension? She is not pension age herself yet.

TIA

No idea if she can (seems unlikely) but must be too late anyway. He must have passed away years ago?

I’m not surprised she’s embarrassed! I would think it’s unlikely she could claim on 1st husband’s pension. They were divorced

I THINK if there was no financial settlement when she divorced she could put in a claim for her ex's pension. Even though she remarried. I'm sure she can't claim any of his assets on remarriage but pensions are different. I looked into this when I divorced and think that's the case. Not sure if the fact he died has a bearing on it though. Presumably his estate was sorted at the time. She needs legal advice!

When a divorcee remarries, they lose the right to make any financial claims against their ex. She could only have made a claim if she applied for a financial settlement before remarrying. If she had done so, she may have had a claim against his estate. However, such claims must be filed within 6 months of probate. Given what you say, it sounds like she is far too late to make a claim. She may have been able to get a pension sharing order in the financial settlement, giving her a slice of his pension pot, but she cannot make any claim against her first husband's pension provider.

The financial settlement for the second marriage will have dismissed all claims, so she cannot claim anything further.

Thank you, Emmy, sounds like you've decided not to pursue it in your case, but I think it's difficult when it was long ago and nothing claimed since that divorce. He didn't have an estate in terms of own property, but he could have had a will saying his pension to go to an X charity?

Kanga yes but also worried about her pension now that she's older and is struggling a bit now. I think she may be entitled to something before pension age if she is entitled to anything at all.

I read this section sometimes and there are lawyers often responding, so maybe will get a more definite response, but thank you to all who responds!

prh thanks, sounds like you are a lawyer, just after I've mentioned hearing from one! And if the pension provider was the state rather than a private employer? He did work most his life for same company (blue collar type job), but was low income and his rented place was council. I think she's embarrassed from the point of view also that if there is any claim, it would be a very small amount anyway.

They were not married when he died, so she isn't entitled to anything from the state.

And if the pension provider was the state rather than a private employer?
So shes looking to claim her firsts husbands state pension and she's not at pensionable age yet herself? If so that would never happen.

She's actually sounding very grabby if she's digging into his will and they weren't married, is up to him if he could have had a will saying his pension to go to an X charity? then the money goes to the charity.
Does she work?

Ok, thank you everyone, no point then for her to have a solicitor consultation.

She's not digging into his will at all, just assumes he possibly left pension to charity as had no kids / siblings. May not have had a will. It's purely state pension that was a question - whether before or after her pension age.

But sounds like a no-go, even though if she claimed it straight after their divorce she may have been entitled to some of his pension as some posters are saying, she didn't bother at that point.

You can't leave your state pension to someone it ends on death.

Whereis yes, it was a silly idea really!

Why on earth would she think that she would inherit a state pension from her divorced ex-husband? Nobody inherits a state pension.

If a woman is married to a man who was on a higher state pension than her and both have reached state pension age, then her pension will be adjusted. However, the clue is in the word married.

Has she a full NI / pension ? If she hasn't then yes she can claim to use her ex contributions now they are divorced to get a full pension. If she's already getting a full state pension then maybe not.

Your State Pension will be based on the old rules if you reached your State Pension age before 6 April 2016.
You’ll have reached State Pension age if you were born before 6 April 1953.
There are two parts to the old State Pension – the basic State Pension and the additional State Pension. They work slightly differently, and you could have built up an entitlement under both the basic State Pension and the additional State Pension or just the basic State Pension.
Your basic State Pension can’t be shared if your marriage or civil partnership ends.
However, divorced couples can use their former spouse or civil partner’s National Insurance contributions to increase their basic State Pension. This won’t reduce the amount of State Pension the other person gets.
If you have an additional State Pension, the court could order that this is shared between you if your marriage or civil partnership ends.
You lose these rights if you remarry or enter into another civil partnership before you reach your State Pension age.

Off Gov site ......

notapizza thank you - but your last sentence says none of it applies in her case. She's not yet of pension age but no, will not have the full state pension, she didnt work during her 2d marriage.
determined she had a doubt only because she never claimed anything at all during that divorce so thought a (very ) belated claim can be done even though unlikely. But clear from this thread that no point her approaching any solicitors for advice.

second marriage was longer and ended in divorce via legally agreed financial settlement (no ongoing maintenance and she signed agreement about no future claims). Again, assumes can't possibly have any future claims on any precentage of his pension.

Were there children in the 2nd marriage? Just thinking re not working and the mention of maintenance.
Does she work now?