Widow's pension and ex-wife

[Isometimeswonder]

My husband has a public sector pension. His ex-wife takes 20%.
My question is: if he dies, will his ex-wife be entitled to any of the widow's pension that I will get as his current wife?
I am named as his beneficiary on the death in service etc.
Thank you

Depends if a pension sharing order has been agreed. Only your DH can answer this as it relates to the agreement of his divorce that was made at the point of divorce.

It is in his divorce agreement that she'll get 20% of his pension.
My question is regarding if he dies, does she get part of the widow's pension? As that will go to me as the widow.

You need to check t he terms and conditions and arrangements of both the financial settlement and the pension. Why on earth you think some random stranger on the internet can answer when you can't is beyond me.

It will go to you, his widow. Ex has had what she is entitled to.

Ffs. I'm asking on a legal page. I was hoping someone with a legal background, or perhaps experience, may respond.
But no. I get you and your smart arse answer.

Thank you

Sounds like she has a pension attachment order, which is quite old fashioned now, but you’ll have to read the order to work that one out.
If it’s one of them then as far as I recall she gets nothing on his death after retirement but I might be wrong.

So it’s not really a smart arsed answer. Read the order and find out. It takes far less effort for you to do that than for random strangers to take a guess.

Is he receiving his pension now?

• ByQuaintAzureWasp It will go to you, his widow. Ex has had what she is entitled to

How do you know? Have you read the divorce agreement and know these people personally?
OP no one can answer. You need to read the divorce agreement to see the t&cs surely?

People are being really snippy about how I should read the agreement etc.
I didn't know each would be different, I thought there might be a standard policy. That's why I posted on legal

I’m a lawyer and have a public sector pension and am divorced. The PSO applied to my pension was a share of the value at the time of the divorce. It does not give my ex an entitlement to a widows pension because that is payable to the person that you are married to (and we are not) or have lived with for the two previous years. If it’s LGPS, most schemes are very similar.

Thank you, that is very helpful. It's a civil service pension.
The divorce agreement includes 20% of his pension to his ex-wife.
So I assume she gets that if he lives, but she won't get any of the 'survivors' pension if he dies.
Hope this isn't morbid... but he does have a life limiting condition.

That doesn't sound right, that she'd get nothing of that 20% she was due?.

The exact set-up during your DP's lifetime depends on whether she has a pension sharing order or an earmarking order and how that has been implemented as part of the divorce, but the short answer is that if your DP dies then she won't get 20% of your widow's pension when that comes into payment. If she hasn't taken a "clean break" option of external transfer of her share then her entitlement is dependent on how long your DP lives.

It depends how the 20% has been agreed as there are different options for how to share pensions on divorce.

I think women need to be told that as common advice on divorce is to to get a share of the pension.

They should be told that by their solicitor, yes (who won't be an expert in pensions law as it is a complex specialty in its own right, but who will understand the basics of pensions on divorce). The possible options will vary from case to case though as it depends on the pension in question.

@RedHelenB all will get that advice, but many choose to offset their interest in any pension to receive a larger share of the equity in the matrimonial home.

There are different ways to share the pension.

It can mean getting a percentage of the pension payout (as, apparently here) but if there is a ‘pot’ (defined contribution scheme) it generally means a chunk of the sum in that scheme is transferred to a separate pension pot in the wife’s name. This is usual for most people with private pensions.

I believe there are ways to split a defined benefit payout so it continues after death but I could be wrong and even if I’m correct, that doesn’t mean the OP’s husband and ex wife have done whatever it is!

It just doesn't seem right that a exh could die amd despite a court ordered pension share, the exw gets nothing.

My understanding is that the same divorce decree can require the ex to get part of any death benefits (many schemes pay a lump sum on death).

The OP needs to check the ex isn’t still named as the recipient of the lump sum (unless that is legally required by the terms of the divorce) or the ex will get the lot.

She isn't named.
I know ladies on here will often side with ex-wives, but she is not nice.
I am not the OW, my husband didn't cheat, she did.
If she's entitled to some pension fine, but I'll be the one who cares for him and mourns him. She won't.

Quote fail - below is replying to @CandidHedgehog post above.

This sounds unusual to me. These lump sums are typically held under a trust and the recipient(s) chosen at the trustees' discretion, albeit that in 99% of cases they will pay out to the named beneficiary unless there is a very compelling reason to do something different. IME enquiries would be made if the person was known to have divorced the named beneficiary since filling in a form, but this is obviously best not left to chance! Worth checking that the forms have been updated post-divorce in any event, though!