Is Ex Wife Still Entitled to his Pension ?

[Citrus81]

We found out today that DP's ex wife has been researching her rights and seems to think she is entitled to some of his pension. They've been divorced for 3 years! Why start this now?

So what I want to know is, is she right??

They were married for 2 years and the pension was active then. They've since been divorced 3 years, does she still have any legal right to it?

I think you need to post this in Legal - some family lawyers post there and will be able to advise.

Thanks, have done

In theory, if she included a claim under S25 of the Matrimonial Causes Act in her petition (you could check if you've kept a copy and she was the Petnr), or if she lodged an application as Respondent, then she could have a claim,

BUT:

1. If they were represented at the time, they should have signed a consent order dismissing both parties claims for pensions

and

1. For such a very short marriage it wouldn't be worth administering a pension sharing order even if her claim hadn't been dismissed.

Your DP should, btw, check with the pension trustees that any nomination of her under the death in service section has been changed (it should automatically be revoked on decree absolute, but wd be wise to double check)

Thanks mumblechum. What annoys me is he still has her down as the beneficiary. He apparantly keeps "forgetting" to change it. (and I don't want it, I think the full lot should go to his daughter. It could all be donated to the "Save the Whales" charity for all I care, as long as she didn't get her hands on it).

Will check what it says on the divorce paper.

Any Dependants Pension specifically naming her will automatically have been revoked on Decree absolute, and should he die, then it will go to his dependants ie his children.

Death in Service is different, tho' if it's lapsed now presumably he's no longer with the company, so on second thoughts don't worry about that at all.

If they were only married for 2 years I would say it wouldn't be financially viable for what little she would get to oursue it.

WHen I was divorced there was a clause stating that I woudn;t get any of his pension - that was in the financial docs that signed though but any solicitor worth their salt would have included this in financial settlement.