How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12195
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now

I live in Scotland, if I was to be legally separated from my

This answer was rated:

I live in Scotland, if I was to be legally separated from my husband and he died (he's a good bit older than me) would I automatically receive his pension as a widow, or do I need to stay married for this to happen? thank-you

Or would I be in the same position divorced as legally separated?

Thank you for your question.

If you enter into a legal separation by drawing up a Separation Agreement, you would, as part of that, renounce your rights in his pension except to the extent provided for in the separation agreement.

Otherwise it is likely that you would receive a widow's pension if the pension scheme provides for that.

As things stand at present, under Scots law, you are entitled to take a share of his pension in your own name and half of all other matrimonial assets too.

Happy too discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

You haven't really answered my question, if I stayed married but legally separated, should my husband then die, would I then receive his pension schemes widows pension (which would happen at the moment)?

It depends what you mean by "legally separated". If you enter into a separation agreement to become legally separated then the chances are you will be asked to give up your pension rights.

Legal separation by way of court order is almost unheard of nowadays.

If you simply become separated as a matter of fact then as long as the pension scheme doesn't provide otherwise, you would get the widow's pension.
JGM and other Scots Law Specialists are ready to help you