Divorce Law and Pensions

[Katy131]

I'm hoping someone out there has a knowledge of divorce law and pensions who can give me an idea here in a rather complicated situation.

My Mother was abandoned 19 years ago by her much younger second husband. They sold houses and so on and did some arranging of finances at the time, but never actually divorced. Now, she is approaching 70 and as she is one of those women who, in her day, stayed home to look after children, has to survive on Pension Credit now. The biggest problem with Pension Credit for her is that, as a middle class woman and homeowner, she can't survive on that small amount, and she is not able to supplement her income with any work, which she would like to do (her benefit would be "docked").

Now I wonder how much she would benefit (no pun intended!) if she was to make contact with her separated husband and arrange a divorce. He is 20 years her junior and won't be at pension age for a long time yet. Would she be entited to any pension from him? There are no children from the marriage.

Sorry this is long - I did say it was complicated! Hope somebody out there can advise. :)

[Bettypat]

There are a lot more facts which need to be gone into here and I really think that your mother should seek the advice of a solicitor. She would no doubt, on her present income, be able to get legal aid, at least for some initial advice, and I would strongly advise her to go down this route.

[Kathyan]

I am older than my husband and when I reach pension age I will only get a reduced pension because, like your mother, I stayed at home to bring up the children. I have been told that when my husband reaches pension age, my pension will increase through his contributions. I don't kow if this is the case and it will be 15 years before I find out! You could try ringing Department of Work and Pensions. They may be able to help.