Can I Claim My Ex-Husband’s Pension If He Dies? Your Rights Explained

Can I Claim My Ex-Husband’s Pension If He Dies?

Divorce often brings financial complications that linger long after the paperwork is signed, and pensions are no exception. If your ex-husband has passed away, you may be wondering whether you have any legal claim to his pension. The answer depends on a number of factors, including the terms of your divorce, the type of pension he had, and whether he made any provisions for you before his death.

Understanding your rights can be overwhelming, especially when dealing with grief, financial concerns, and complex pension regulations. This guide will help clarify whether you can claim your ex-husband’s pension and what steps to take next.

Does Your Divorce Settlement Include Pension Rights?

The first thing to consider is whether your divorce settlement addressed pension division. Pensions are often one of the largest financial assets in a marriage, and in many cases, they are split during divorce proceedings. There are two common legal arrangements when it comes to dividing pensions after a divorce.

A Pension Sharing Order (PSO) is the most secure way of ensuring that you continue to benefit from your ex-husband’s pension, even after his death. If a PSO was issued during the divorce, a percentage of his pension would have been transferred into a pension in your own name. This means you have full control over it, and his passing does not affect your rights to receive payments.

Alternatively, some divorce settlements involve a Pension Attachment Order, also known as earmarking. This arrangement entitles you to a portion of his pension income when he retires, but there’s a major drawback—payments stop when he dies. Unlike a Pension Sharing Order, which provides a guaranteed share, an attachment order is dependent on your ex-husband actually receiving his pension. If he passes away before drawing his pension, or if payments are still being made when he dies, you will not receive any further income from it.

If no formal pension agreement was made during the divorce, your entitlement to his pension will largely depend on the pension provider’s rules, and whether you were listed as a beneficiary. This brings us to the next crucial factor—what kind of pension he had.

What Happens to Different Types of Pensions After Death?

Not all pensions work the same way when it comes to inheritance. The UK State Pension, for example, does not automatically pass on to an ex-spouse. If you were still married at the time of his death, you may have been able to claim a portion of his State Pension, particularly if you reached pension age before 6 April 2016. However, ex-spouses have no automatic entitlement to it after divorce, unless a specific arrangement was made during your settlement.

Workplace and private pensions are a different matter. Some Defined Benefit (final salary) pensions offer survivor benefits, which may extend to an ex-spouse, but this depends on the pension scheme’s rules. Some schemes allow ex-spouses to inherit a pension if they were financially dependent on the deceased at the time of their death. Others may only offer benefits to a current spouse, meaning that if your ex-husband remarried, his new partner would be the priority beneficiary.

If he had a Defined Contribution pension, which is a common private or workplace pension, the money left in the pension pot may be passed on to whoever was nominated as a beneficiary. If your ex-husband named you as a beneficiary, you may be entitled to a lump sum payout or continued pension payments. However, if he updated his nomination after the divorce and named someone else, such as a new partner or children, they would receive the pension instead.

Another important factor is whether your ex-husband had an annuity. If he had used his pension pot to purchase a retirement income product, such as an annuity, it may or may not have been set up to continue payments to a spouse or ex-spouse after his death. Some annuities include a joint-life option, meaning payments continue to a named beneficiary after the policyholder’s death. If he did not specify you as a beneficiary when setting it up, you would not be able to claim it.

What If Your Ex-Husband Remarried?

If your ex-husband remarried before his death, it may affect your ability to claim his pension. Many workplace and private pension schemes prioritise current spouses and dependents over ex-spouses when distributing survivor benefits. If he had a new wife at the time of his passing, she is likely to be the primary beneficiary of his pension. This is particularly true for final salary pensions, where benefits are often paid to a surviving spouse rather than an ex-spouse.

Even if he did not remarry, his pension may have been left to other beneficiaries, such as children, siblings, or a named nominee. If you were not financially dependent on him at the time of his death and were not listed as a beneficiary, you may not have a claim.

What Steps Should You Take If You Think You Have a Claim?

If you believe you may be entitled to a share of your ex-husband’s pension, the first step is to check your divorce settlement. If a Pension Sharing Order was issued, you should already have a separate pension in your name, meaning there is no need to make a claim. However, if your divorce involved a Pension Attachment Order, you will need to confirm whether payments have ceased due to his passing.

Next, contact his pension provider. If you know where his pension was held, you can request details on whether you were listed as a beneficiary and what rights you may have. Be prepared to provide documents such as your divorce papers, his death certificate, and proof of identity.

If you are unsure about your rights or struggling to access pension information, seeking legal advice can help clarify your options. A financial adviser can also guide you on whether any alternative financial support is available.

Final Thoughts: Are You Entitled to Your Ex-Husband’s Pension?

The ability to claim a pension after an ex-husband’s death depends largely on what was agreed during the divorce, the type of pension he had, and whether you were listed as a beneficiary. If you had a Pension Sharing Order, your entitlement remains intact. If you had a Pension Attachment Order, payments will stop after his death. If no pension agreement was made, your ability to inherit will depend on the rules of the pension scheme and whether he made provisions for you.

While pensions can be complex, taking the time to check your legal rights and contacting the relevant pension providers can help you understand whether you have a legitimate claim. If you are uncertain about your position, seeking professional advice is the best way to ensure you do not miss out on any benefits that may be available to you.