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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2732
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Does legal separation affect inheritance rights of

Resolved Question:

does legal separation affect inheritance rights of occupational pensions, i.e. will the surviving spouse be entitled to the proportion of the deceased spouse's occupational pension that would have been the case if the separation had not taken place?
Submitted: 12 months ago.
Category: Law
Expert:  Harris replied 12 months ago.

Hi, thank you for your question. To confirm - are the parties married and is the spouse named as a beneficiary on the pension?

Customer: replied 12 months ago.
The parties are married. The spouse is not named as a beneficiary on the pension, but the general terms of the pension is that the spouse is entitled to a percentage of the pension following the death of the pensioner
Customer: replied 12 months ago.
I don't want to talk and have not had an answer after answering your question
Expert:  Harris replied 12 months ago.

Thanks for confirming. A legal separation will not end financial ties between the parties, and in any event even after divorce either party can seek financial relief from the other and this can only end by a court order settling the finances or the remarriage of the putative application.

It may be prudent for the pension policy to be checked and a specific beneficiary other than the spouse to be listed and for the husband to pursue a financial settlement which is approved by the court to prevent further risk of claim against the husband.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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