State Pension rights for divorced people

[bobby123]

Does anyone know the answer to this riddle? or even know who may be able to answer.
I divorced my first wife after 25yrs in 1996. I have subsquently re-married. My ex is due to retire at 60 next year, she is living in a single sex relationship with a business woman, she has not really worked since around 1973 when we had the children. She will not have accrued much in the way of pension in her own right as she opted for the "married womans reduced NI payment "when we married. When we divorced I voluntarily gave her half of my private pension values in cashas part of a clean brek agreement. I have read on a pension Q&A site that as she has not re-married (how unfair is that?) she may be able to claim some pension rights on the back of my NI contributions. Does anyone know how this may effect my state pension when I am due to retire in 5 years time?

[queen 1954]

i think she came claim the years she was married to you towards her pension based on your contributions at that time but as far as i know it will not affect your final pension in any way.

[buildersmate]

It isn't based on your contributions but on the number of years she was in receipt of (what used to be called) Child Allowance. During those years she is credited with NI contributions counting towards her State Basic Pension. I don't see how it impacts your basic State Pension at all.

[Ethel]

I found this:

I divorced some years ago and have not paid sufficient NI contributions nor have I remarried. Can I use the NI record of my former spouse.

Yes. If it will result in more basic State Pension you may substitute the NI record of your former spouse for either:-
# All tax years during your working life up to the end of the tax year in which the marriage ended or the end of the tax year before you reach State Pension Age (SPA), whichever comes first; or
# All the Tax Years in your working life from the beginning of the one in which you and your former spouse married up to the end of the one in which the divorce took place or before the one in which you attain SPA, whichever comes first.

Also:

I am divorced, but can I still claim some extra state pension on my ex-husband's NI contributions when I get to 60?

Yes. So long as you do not remarry and you will be getting less than the full amount of state pension, you can substitute the record of your former spouse for the period up to when your marriage ended, or the end of the tax year before you reached state pension age, whichever comes first.

From this site:

http://www.pensionsadvisoryservice.org.uk/stat e_pensions/divorce/

The Home Responsibilities Protection that buildersmate refers to cannot apply in your ex-wife's case because she had been paying reduced Married Womens' Contributions.

As far as I know, she cannot claim on your contributions unitl you are drawing state pension yourself. That is certainly the case for husbands and wives who remain married.

I would be surprised if any entitlement adversely affects your pension, but to put your mind at rest telephone the Pensions Advisory Service on 0845 601 2923, or the Department for Works

[THECORBYLOON]

What Ethel has posted is correct except for yir ex not being able to claim on yir contributions until you retire. She will be able to claim it when she is 60. If you had still been married, she would have to wait til you had retired to get a pension based on yir contributions.

[JK2]

I retired 2 years ago and had some years where I had paid the reduced married womens stamp. As a divorced woman I was able to use my ex husbands payment record to make up the reduced payment years in my record..It did not affect his pension in any way but gave me a further �20 per week approx. I had to supply the original of my divorce decree as proof.

[JK2]

Forgot to mention that my ex was already drawing his pension. I think he has to have retired also for you to claim the extra. My ex was 7 years older than me.

[bobby123]

Many thanks to all who have helped me with this
Bobby123

[THECORBYLOON]

Can I just say again, the divorced person's former partner DOES NOT need to have retired. From the Government's Pension Service site-

"If you are divorced or your civil partnership has been disolved and you cannot get a full basic State Pension based on the qualifying years from your own NI contributions, you may be able to get a basic State Pension based on your former husband's, wife's or civil partners NI contributions. They do not need to be getting their State Pension. (my emphasis.)