Pension question - separated but not divorced

[enpension]

My husband and I separated about 8 years ago. We got a decree nisi, but never a decree absolute. He is now drawing two pensions - his work pension and his state pension. I know what the situation is with his work pension - but if he dies, what happens to his state pension, given that we are still nominally married? It's a few years before I can claim my state pension, and it will be incomplete due to having been a SAHM for so long.

There is no longer a widow's pension, just £100 a month for eighteen months, more if you've got kids.

Have you checked that’s it’s incomplete, or assuming?

You’re not entitled to his state pension whether divorced or not.

What are his assets like now? If you are in a weak financial position because you cared for his children, why haven’t you sorted out your divorce including Consent Order to redress that?

If you were a SAHM and claiming child benefit then you will have got NI credits for the years until your children were 12, so your state pension may not be as incomplete as you think. You can check your state pension forecast here: https://www.gov.uk/check-state-pension

Does he give you half of his pensions each month? How do you live?

There are no names beneficiaries to a state pension.

@Hazelnut5 I agree OP should use your link to check her record. But the NI credits you mention were introduced in 2011 and with a husband already drawing a pension and OP describing herself as having a “few” years left, sounds like she didn’t have an under 12 since 2011. In which case she needs to look into Home Responsibilities Protection which preceded it, also linked to CB but up to under 16 (I think) and also often missing some NI records so worth checking to get it corrected if needed.

Thank you, all. I realised after I went to bed that I was being a bit dense and that what I was wondering about was a widow's pension (which Lawksamercy has answered - though I'm still not sure if I would qualify for that).

The holes in my state pension appeared after my youngest child turned 12. I thought the NI 'contribution' carried on until the youngest turned 19 and child benefit stopped - but that was a big mistake and I should have been more clued up.

Ex husband doesn't have a partner.

@ILoveMyBedTooMuch We had a clean break financial settlement.

Testina - thank you. That's really useful advice!

We had a clean break financial settlement.

Are you in England / Wales? It’s not binding without a decree absolute, even thought you can submit it earlier. Was it fair?

I double checked if I’d remembered correctly about HRP up to 16 - and looks like it.
So that’ll help if your youngest was between 12 and 16 before 2011. How old’s your youngest now?

OP said she knows about his Work pension though.

Testina - thank you. Unfortunately the youngest was born in 2002 so I just miss that cut-off point. But I really appreciate your suggestion, and for having looked into it. It's really kind of you.

Our settlement pissed us both off, so I'd say it was probably fair! We are in England.

but you didn't get a pension equity?

https://www.gov.uk/check-state-pension

Ref your state pension
If you have years where you don't have enough National Insurance contributions, you can pay for the missing parts. However, I believe that you can only go back to pay a certain amount of years. I would suggest phoning them before 31 July, because there is a cut off date.

Secondly, I believe people that do not receive a full state pension can apply for pension credit

Thirdly, if you are under 66, you can still work & pay National Insurance towards your state pension or if you claim benefits

https://www.gov.uk/check-national-insurance-record

No, I didn't. But that was fine because I kept various other things in lieu.

I was very long term separated but not divorced when DH died. I got the bereavement allowance without a problem, ditto the two larger pensions but the smallest one insisted on having references from our kids! We'd agreed he'd keep his pensions and I took a bit more equity, but never made a formal agreement.

That's interesting, Lawks, as your situation is similar to mine. My agreement with ex-ish husband was ever formally enforced, either.