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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34900
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been separated for eight years as my wife left to live

Customer Question

I have been separated for eight years as my wife left to live with a neighbour and friend, I moved away ,am retired with a pension . is my wife entitled to part of my pension if she remarries ?
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day today.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Are you still legally married to your wife?
Customer: replied 4 years ago.
Yes , we split everythiing except pension where she agreed not to take half but a lower portion I took out a mortgage to enable me to have a reasonable house we are on good terms
Expert:  James Mather replied 4 years ago.
I am currently away from my computer but I will respond to you as soon as possible.

There is no need for you to reply.
Expert:  Clare replied 4 years ago.
Thank you for your question
Given that you are still married your wife does indeed retain the right to a spouses pension of you die - or to make a claim on your pension if you divorce
The fact that you have already split the assets between you may well mean that the Court will not grant her a further share of your pension.
If you divorce and she remarried then she will have no claim on your pension unless a pension sharing order is already in place
I hope that this is of assistance - please ask if you need further details