Hello and thanks for your question.
Whilever you remain married to your husband - even though you have separated from him - you may automatically be entitled to some benefits from his pension scheme - depending on the particular rules of his specific pension scheme. You are still his spouse until the court grants the decree absolute.
With regard to the position after decree absolute, whether or not you have any claim on either part of his lump sum payable on his retirement or a share of his pension will depend on the overall situation of the total of all the matrimonial assets (everything in your sole name, plus everything in his sole name, plus everything you own jointly), and also what income each of you have from all sources.
The court starts from the position that the matrimonial assets should be divided 50:50 - and then looks at reasons why that shouldn't be the case eg if one person has a significantly lower income than the other, then they can argue for a greater share eg 60% or 65%.
Going to court is stressful, expensive and time-consuming, so if you can reach agreement without going to court, that's much better.Your agreement can be turned a legal binding agreement called a consent order by asking a solicitor to prepare a draft consent order which you both sign, and (as long as a divorce petition has been filed at court by this point) which is then sent to court. Once the court has approved it, the consent order is as binding as a court order made aftre contested proceedings.
You can negotiate a settlement either between yourselves, or via solicitors' correspondence or via mediation. Mediation is a round-the-table discussion with a trained and neutral mediator whose aim is to help the parties reach a fair and workable compromise.The family court anyway now requires parties to have attempted mediation before it will consider an application to court.
Here's where to find a family mediator near you:
Although it sounds unusual, I don't see why what you suggest shouldn't be part of the agreement between you - but please do make sure that whatever you agree covers ALL the matrimonial assets, so that there are no loose ends to cause disgreements in years to come, and please do take some legal advice to see whether what you propose really is the fairest outcome for you, given all the other assets and your respective incomes.
Here's where to find a specialist family law solicitor for some face-to-face legal advice:
I hope this helps and I wish you the best of luck.
Thanks and best wishes...