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UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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I was married and now seperated not divorced my wife dies what

Customer Question

I was married and now seperated not divorced my wife dies what happens to her pension
Submitted: 4 years ago.
Category: Family Law
Expert:  UKfamsol replied 4 years ago.
Hello and thanks for your question

Are you referring to an occupational or private pension, or a state pension?
Customer: replied 4 years ago.
Customer: replied 4 years ago.
Occupational pension
Expert:  UKfamsol replied 4 years ago.
Ok thanks for the information.

Each occupational scheme has its' own rules but as a general rule, the spouse of a member of the scheme who has died, will receive a lump sum payment and possibly either as well as or instead of, a small pension. Whether you would get either or both of these, and what the amount would be, will depend on the particular rules of the particular scheme. But you would need to be still married at the date of your spouse's death.

However, if either of you were thinking of divorcing,each person's pension entitlements becaime part of the matrimonial assets to be divided up either by agreement, or by the court, if the parties cannot agree. If a pension pot is small, then one person can argue for a larger share of other assets to make up for the pension asset they would lose on divorce. But if you both have more or less equal pensions, thenon divorce, they would cancel each othe out, so you would be better off not gettign divorced even if your separation is permanent.

I hope this helps and I wish you the best of luck.

Thanks and best wishes...

Expert:  UKfamsol replied 4 years ago.
Hello again.

I see that you have looked at my answer but not accepted it. Please let me know if there is anything in your question that you feel that I have not answered, or anything that is not clear in what I've said - I'll do my best to put it right!

Otherwise, I would be grateful if you would kindly now accept and rate my answer, so that I can be credited for my time.

Thanks and best wishes...