Splitting in their 60s: I'm thinking of leaving my husband of 40 years, will I still be entitled to half his pension?

I am considering leaving my husband of 40 years.

He is drawing a pension from the NHS, I know I am entitled to half his pension after his death, but will I still get it if I leave before he dies?



Silver splits:The number of over 60s divorcing in recent years has risen dramatically, those splitting in later life include actor Bill Nighy and his long-term partner Diana Quick who split after 27 years together.

Adam Uren, of This in Money, says: Unsurprisingly, our reader with a potentially soon-to-be-single husband submitted her question to This is Money anonymously.

Nonetheless it does throw into light an interesting dilemma that she is facing.

As someone who has been married for 40 years and supported her husband during his working years, she would rightly feel entitled to a portion of the pension he has accrued during this period, even if they are no longer together.



But will the law back her up on this? If they divorce, yes. If they separate, she will have to wait until her husband shuffles off this mortal coil.



I spoke to Sue Beaumont, a pension consultant at Manchester-based solicitors Linder Myers, who said that since Pension Sharing after divorce was introduced into law in 2000, the wife could be entitled to a share of around 50 per cent of the pension if they were to divorce.



Ms Beaumont said: ' Because they've been married for 40 years, the family courts would look to split the marital assets evenly between the husband and wife, so depending on the circumstances she could be awarded 50 per cent or even all of his pension (although it is unlikely to be the latter) in a Pension Sharing Order with the added benefits that it comes with in contrast to merely receiving a survivor’s pension.

' Before you begin the divorce process I would recommend that you find out the value of your husband’s pension, this is known as the CETV (cash equivalent transfer value).

'Pension providers often send members an annual valuation. If this proves difficult, your solicitor can request this during divorce proceedings.

'A court can serve a Pension Sharing Order to your husband’s NHS scheme allocating a percentage share to you effective from the date of the order. How your share is calculated is complicated (especially if your husband was in the NHS Pension scheme pre-1972) but your solicitor will be able to advise you on this.

'Once the order is in place you should be provided with your own personal reference number and enjoy pension benefits in your own right, your husband’s share will of course be reduced accordingly.'



As well as pension sharing, a divorcing couple could also plump for Pension Offsetting - in which partner without a pension is given assets - such as their home - of an equivalent value.

If the couple were to separate but not divorce, this woman would not be entitled to any pension income until her husband dies, at which point she would be eligible for a survivor's pension.

This pension, which in its NHS form is available to legal spouses, civil partners and nominated partners, would be paid for life even if the person remarries, forms a civil partnership or co-habits following a spouse's death.

As such, the lady in question would be entitled to a portion of her husband's pension pot that has accrued since April 6, 1988, which was when the state first decided to provide widows and widowers pensions for membership after this date.

How much depends on which scheme he is a part of. If he is a part of the 1995 NHS scheme she will be entitled to half of his pension for life.

If he is part of the 2008 scheme, she will be entitled to 37.5 per cent of his pension for life. (Whether members are part of the different schemes is dependent upon when they joined and changes made to their membership, such as breaks in contributions, refunds or transfers [ Check details here ])

She would also be eligible to claim the state benefit of Bereavement Allowance in the 52 weeks following her husband's death, provided she has not already reached the state pension age.