Divorce
In recent years considerable changes have taken place in the way Occupational and Personal Pension Rights have been viewed and dealt with in divorce settlements. Many people are aware of the various concepts offsetting, earmarking and pension sharing. However, people tend to overlook the effects that divorce has in respect of those benefits provided by the State, Basic State Pension and the additional State Pension arising from SERPS (State Earnings Related Pension Scheme) or the successor, S2P (State Second Pension).
Q & As
- I am divorced and am unsure whether I will qualify for a State Pension and if so, how much?
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The current maximum basic state pension (2008/09) is £90.70 per week for a single person. You should accrue this amount if you have a full National Insurance Contributions record.
- How can I check what my entitlement is?
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You should contact the Retirement Forecast Team on 0845 300 0168 to obtain a State Pension Forecast.
- 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.
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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.
- I am divorced but remarrying shortly. Can I still continue to benefit from the NI record of my former Spouse?
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No. The right to use the NI record of your former spouse ceases if you remarry.
- I am divorced and have found that even using the NI record for my ex-spouse I have gaps in my own NI record. What can I do?
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It may be possible to pay Class 3 Voluntary Contributions though generally this is only possible for missing years within the last six tax years. For 2008/09 the Voluntary Contribution Rate is £8.10 a week. If you are interested in this option please contact The National Insurance Contributions Office (NICO) on 0845 915 0150.
