State Pension and Relationships

Key Principles

Understanding State Pension and relationships requires knowing these fundamentals:

• Your State Pension is based on your own National Insurance record
• Getting married or entering a civil partnership does not automatically change your entitlement
• The new State Pension (from 6 April 2016) has very different rules to the old system
• Divorce can affect NI credits and pension sharing
• When your spouse or civil partner dies, you may inherit some of their State Pension

Marriage and Civil Partnerships

New State Pension (From 6 April 2016)

If you reached State Pension age on or after 6 April 2016:

• Your State Pension is based entirely on your own NI record
• You cannot claim based on your spouse's or civil partner's contributions
• Getting married does not increase your State Pension
• You and your spouse/partner claim independently
• Each person gets their own entitlement (from 0 to £230.25/week for 2025/26)

Old State Pension (Before 6 April 2016)

If you reached State Pension age before 6 April 2016, different rules applied:

• Married women and civil partners could claim a "basic State Pension" on their spouse's/partner's record
• This was around 60% of the full basic State Pension
• You had to be married or in a civil partnership when you claimed
• Your spouse/partner had to have reached State Pension age and be claiming

Important: This "derived entitlement" no longer exists for people reaching State Pension age from 6 April 2016 onwards. Everyone must build their own entitlement.

Practical Implications

Under the new system, if one partner has no or low NI contributions:

• They may get little or no State Pension
• They should check if they qualify for NI credits (e.g., for caring)
• They might consider voluntary contributions to fill gaps
• They may qualify for Pension Credit if household income is low

National Insurance Credits for Married Couples

Child Benefit Credits

If you're married or in a partnership with children:

• Only one parent gets NI credits from Child Benefit
• Usually this is the person who claims Child Benefit
• You can transfer the credits to the other parent if beneficial
• This is useful if the claimant already has 35 years, but their partner doesn't

How to transfer Child Benefit credits:

1. Download form CF411A from GOV.UK or call 0300 200 3500
2. Complete and return within 2 years of the end of the relevant tax year
3. The credits will be transferred to the other parent

Specified Adult Childcare Credits

If you care for a child under 12 but don't claim Child Benefit (e.g., grandparents, foster carers), you may qualify for:

• Specified Adult Childcare credits
• The parent receiving Child Benefit must sign to agree to the transfer
• Apply using form CA9176

Divorce and Dissolution

State Pension Sharing on Divorce

When you divorce or dissolve a civil partnership, State Pension can be divided as part of the financial settlement:

Pension Sharing Order:

• The court can order that State Pension is shared between you and your ex-spouse/partner
• This applies to State Pension built up during the marriage/partnership
• The shared amount becomes part of the recipient's own State Pension
• Once shared, it cannot be taken back if you remarry

How it works:

1. During divorce proceedings, both parties' State Pension entitlements are valued
2. The court may order a percentage to be transferred
3. DWP implements the sharing order
4. Your State Pension forecast will be updated to reflect the share

Home Responsibilities Protection (HRP)

For divorces involving periods before April 2010, Home Responsibilities Protection may be relevant:

• HRP protected your basic State Pension if you were caring for children
• On divorce, you can apply to have HRP years credited to you (if your ex-spouse was working while you cared)
• This only affects the old State Pension system

Reducing NI Years on Divorce

If you've been awarded State Pension from your ex-spouse as part of the settlement:

• This might reduce the number of qualifying years you need from your own record
• Check your State Pension forecast after the divorce is finalized
• You may have more qualifying years than you thought

Widowhood and Bereavement

New State Pension (From 6 April 2016)

If you reached State Pension age on or after 6 April 2016, when your spouse or civil partner dies:

Inheriting Protected Payment:

• You cannot inherit any basic State Pension from your late spouse/partner
• However, if they had a "protected payment" (extra amount from the old system), you might inherit 50% of it
• This only applies if:
  • You were married/in civil partnership when they died
  • You haven't remarried or formed a new civil partnership before State Pension age

Inheriting Additional State Pension:

• If your late spouse/partner built up Additional State Pension (SERPS or State Second Pension) before April 2016, you might inherit 50% of it
• This is paid in addition to your own State Pension

Inheriting Deferral Increase:

• If your late spouse/partner deferred their State Pension and died before claiming, you may inherit some of the deferral increase
• The inherited amount depends on when they reached State Pension age

Old State Pension (Before 6 April 2016)

If you reached State Pension age before 6 April 2016, when your spouse/partner dies you may inherit:

• Up to 100% of their Additional State Pension (depending on when they reached State Pension age)
• 50% of their Graduated Retirement Benefit
• Increase based on their deferred State Pension

Bereavement Benefits

Separately from State Pension, you may qualify for bereavement benefits:

• Bereavement Support Payment - A lump sum plus monthly payments for 18 months (if your spouse/partner died after April 2017)
• Based on your late spouse's/partner's NI contributions
• Not means-tested
• Must claim within 3 months for full amount (21 months for any amount)

How to claim:

• Call the Bereavement Service on 0800 731 0469
• Or download form BSP1 from GOV.UK

Effect of Remarriage

Under the new State Pension:

• If you remarry or form a new civil partnership before reaching State Pension age, you lose any inherited State Pension rights from your late spouse/partner
• If you remarry after reaching State Pension age, you keep any inherited amounts

Cohabiting Couples

If you live together without being married or in a civil partnership:

• You cannot claim State Pension based on your partner's NI record
• You cannot inherit any State Pension when your partner dies
• You cannot share State Pension on separation
• Each person's State Pension is entirely independent

Planning for cohabiting couples:

• Both partners should check their own NI record and forecast
• Consider whether each partner has enough qualifying years
• Plan for retirement income independently
• Consider private pensions with survivor benefits if needed

Practical Scenarios

Scenario 1: Married Couple, One Partner Didn't Work

John and Linda, both aged 60:

• John worked full-time and has 35 qualifying years
• Linda took 20 years off to raise children and has only 15 qualifying years
• They claimed Child Benefit in Linda's name

Linda's options:

1. Check for Child Benefit credits: Linda should already have NI credits for the years she received Child Benefit. These should show on her NI record. If they're missing, she should contact HMRC.
2. Apply for Specified Adult Childcare credits: If she cared for children but didn't get Child Benefit credits, she might qualify for these.
3. Transfer Child Benefit credits: If John already has 35 years, Linda could transfer some of his Child Benefit credits to her record (if they had children together).
4. Fill gaps with voluntary contributions: If credits don't get her to 35 years, she could pay voluntary NI to fill remaining gaps.
5. Pension Credit: If Linda ends up with a low State Pension, they may qualify for Pension Credit as a couple when they reach State Pension age.

Scenario 2: Divorce After Long Marriage

Sarah and Tom, divorcing after 25 years:

• Tom worked throughout and has full State Pension entitlement
• Sarah worked part-time and has 18 qualifying years

In the divorce settlement:

• Sarah's solicitor should request a pension sharing order
• The court may order some of Tom's State Pension to be transferred to Sarah
• This would increase Sarah's State Pension entitlement permanently
• Sarah should also check if she can fill gaps in her record to reach closer to 35 years

Scenario 3: Widowhood

Margaret, whose husband died aged 68:

• Margaret is 64, will reach State Pension age at 66
• Her late husband had full State Pension plus a protected payment of £20/week
• He also had Additional State Pension of £40/week from old system

What Margaret can claim:

1. Now: Bereavement Support Payment (lump sum plus 18 months of monthly payments) - based on her late husband's NI record. She should claim this within 3 months.
2. At State Pension age:
   • Her own State Pension based on her NI record
   • 50% of her late husband's protected payment (£10/week)
   • 50% of her late husband's Additional State Pension (£20/week)
   • These inherited amounts are added to her own State Pension

If Margaret remarries before age 66, she would lose the inherited State Pension amounts. If she remarries after 66, she keeps them.

How to Check Your Entitlement

After Marriage or Civil Partnership

• Check both partners' State Pension forecasts at gov.uk/check-state-pension
• Check NI records for any missing credits (especially Child Benefit)
• Consider transferring Child Benefit credits if beneficial

During Divorce

• Request State Pension valuations for both parties
• Discuss pension sharing with your solicitor
• Ensure pension rights are included in the financial settlement
• After divorce is finalized, check your updated forecast

After Bereavement

• Contact the Bereavement Service on 0800 731 0469
• They will tell you what you might inherit and how to claim
• Claim Bereavement Support Payment within 3 months if eligible
• Check your State Pension forecast to see inherited amounts

Important Contacts

General State Pension Queries

Future Pension Centre: 0800 731 0175
Monday to Friday, 8am to 6pm

Bereavement

Bereavement Service: 0800 731 0469
Monday to Friday, 8am to 6pm

National Insurance Credits

National Insurance helpline: 0300 200 3500
Monday to Friday, 8am to 6pm

Pension Sharing on Divorce

Handled through your divorce solicitor and the courts. DWP implements court orders.