Divorce and pensions in later life

October 6, 2021

Be careful about your state pension if you divorce later in life

If you reached state pension age before 6 April 2016, which would be the case if you are a woman and were born before 6 April 1953, you would be included in the ‘old’ state pension system. This system allowed divorced women to substitute their ex-husband’s National Insurance record for their own record until the date of divorce for the purposes of working out their basic state pension. As a result, you would likely receive a much greater state pension than otherwise, especially if you only worked part-time or looked after your children whilst your husband was the main worker.

If you divorced before reaching the state pension age, the DWP should have automatically substituted your ex-husband’s National Insurance record when you claimed your state pension. However, if you divorced your husband after reaching the state pension age, which would be after 6 April 2016, it is not an automatic process and you will be required to advise the Department of Work and Pensions (DWP) that you are divorced.

If you reached state pension age before 6 April 2016 but divorced after this date, you should notify the DWP as soon as possible to ensure that your state pension entitlement is reviewed.

Wallace Robinson & Morgan is happy to help if you would like advice about agreeing a financial settlement, including the division of pensions assets. If you would like to discuss your matter, please call us and ask to speak to a member of the Family law team on 0121 705 7571.

This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article. For more information, please click here.