Increasing or inheriting State Pension from your spouse or civil partner

You should know how your State Pension can be affected by your relationship status when you are planning for retirement.

Whether you’re married, in a civil partnership, or widowed, your eligibility for State Pension benefits can significantly differ. 

How Your Spouse’s State Pension Can Boost Yours

If you’re married or in a civil partnership, your spouse’s State Pension can significantly impact your retirement income.

There are two primary ways this can happen:

  1. Increasing your Basic State Pension: If you’re not receiving the full Basic State Pension, you might be able to use your spouse’s National Insurance (NI) contributions to increase your entitlement. This is particularly beneficial if you have gaps in your own NI record.
  2. Inheriting Additional State Pension: If your spouse or civil partner built up Additional State Pension through additional NI contributions, you might be entitled to inherit a portion of this when they pass away. The specific amount you can inherit depends on several factors, including when you reached State Pension age.

Can I Claim My Spouse’s State Pension?

No, you cannot claim your spouse’s State Pension while they are still alive. It is illegal.

You cannot claim your spouse’s State Pension until they pass away.

However, you might be able to increase your own State Pension by using their NI record.

What Happens to My Spouse’s State Pension When They Die?

When your spouse or civil partner dies, you may be entitled to inherit part of their State Pension.

The rules for inheriting State Pension depend on when you both reached State Pension age.

  1. If you reached State Pension age before 6 April 2016: You might be able to inherit part of your spouse’s Basic State Pension and Additional State Pension.
  2. If you reached State Pension age on or after 6 April 2016: You might be able to inherit part of your spouse’s Additional State Pension, but not their Basic State Pension.

You have to note that if you remarry or form a new civil partnership before reaching State Pension age, you will generally lose the right to inherit your deceased spouse’s State Pension.

How Much State Pension Can I Inherit?

The amount of State Pension you can inherit depends on several factors, including:

  1. When you and your spouse reached State Pension age
  2. Your spouse’s State Pension entitlement
  3. Whether you remarry or form a new civil partnership

Generally, you can inherit a portion of your spouse’s Additional State Pension. However, the exact amount can vary.

What If My Spouse Deferred Their State Pension?

If your spouse or civil partner deferred their State Pension to build up a larger pot, you may be able to claim the extra amount when they pass away.

However, this depends on several factors, including how long they deferred their pension.

How Do I Claim My Spouse’s State Pension?

To claim your spouse’s State Pension, you will typically need to provide evidence of your marriage or civil partnership, as well as your spouse’s death certificate.

The exact process might vary depending on when you reached State Pension age.

Can I Increase My State Pension Before Retirement?

Yes, you can take steps to increase your State Pension before retirement.

This involves ensuring you have enough National Insurance (NI) contributions.

You can check your NI record online to identify any gaps and take steps to fill them.

What Happens to My State Pension If I Divorce or Dissolve My Civil Partnership?

If you divorce or dissolve your civil partnership, your State Pension will not be affected.

However, pension sharing orders can be made as part of the divorce settlement.

This means a portion of your pension might be transferred to your ex-partner.

How Can I Get Advice on State Pension Inheritance?

If you’re unsure about your rights to inherit or increase your State Pension, it’s advisable to seek professional advice.

A financial advisor can help you understand the complex rules and ensure you claim everything you’re entitled to.

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