If you’re divorced or your civil partnership has dissolved, and you reached State Pension age before 6 April 2016, you may be able to claim a higher State Pension.
Many people who claim the old State Pension don’t realise they may be able to claim their pension on their ex-partner’s National Insurance record.
You should have been asked if you were married, in a civil partnership, divorced or if your spouse has died, when you started claiming your State Pension (it’s on the claim form). But things may have gone wrong or questions may have been answered incorrectly. Find out how you can claim.
If you’re thinking about getting professional financial advice, you can find a local financial adviser on VouchedFor or Unbiased.
Alternatively, if you’d like advice on your private pension, we’ve partnered with independent advice firm Fidelius to offer Rest Less members a free initial consultation with a qualified financial advisor. There’s no obligation, however if the adviser feels you’d benefit from paid financial advice, they’ll talk you through how that works and the charges involved.
Please note that Fidelius can discuss private pensions, but is not able to advise on the State Pension and defined benefit / final salary (e.g. NHS) pensions.
What you are entitled to
If you are divorced or your civil partnership has been dissolved, and you started claiming your State Pension before 6 April 2016, you can use your former spouse’s or civil partner’s National Insurance record if it will give you a higher basic state pension than you’re currently entitled to in your own right. You can claim:
- Using your ex-spouse or civil partner’s record up to the date you got divorced.
- Using your former spouse or civil partner’s record for the tax years up to the year the marriage ended. Men have been able to claim using their wife or civil partner’s record since April 2010. However, most men won’t benefit by claiming on their ex wife’s record because fewer women are entitled to the full basic pension. If you never claimed a pension – perhaps because you thought you wouldn’t qualify for one – then you can still claim now, and any entitlement will be backdated to your pension age.
- Your ex partner doesn’t have to be told. If you’re using their NI record to claim your pension, they don’t have to know about it and it won’t reduce the amount of State Pension they get. All you need to provide is their National Insurance number.
- You cannot claim an additional state pension, such as SERPS or the state second pension on your ex-spouse or civil partner’s National Insurance record, only the basic State Pension. However, the additional State Pension can be divided during divorce. Find out more about the additional State Pension in our guide State Second Pension and SERPS explained.
When you can and can’t claim
You can’t claim a State Pension based on your former spouse or civil partner’s National Insurance contributions if you remarried before you reached State Pension age. However:
- You can still claim a State Pension on your ex’s National Insurance record if you remarried after you reached State Pension age (provided you reached State Pension age before 6 April 2016.
- You can still claim a State Pension on your ex’s National Insurance record if he or she remarried before they reached State Pension age (on or before 6 April 2016).
Anyone yet to reach their State Pension age, or who reached it after the new State Pension system was introduced on 6 April 2016, can’t share their new State Pension if their marriage or civil partnership ends.
Find out more about the State Pension in our guide How the State Pension works and about pensions and divorce in our guide How are pensions shared in a divorce?
If you think you’re not receiving the amount of State Pension you could be entitled to, read our article Is my State Pension being underpaid? This explains who might be entitled to a higher State Pension, and how to make a claim and increase your payments if you believe you’re among those affected.
While the State Pension is an important part of retirement planning, you may have other workplace or personal pensions that can also provide you with an income in retirement.
If you want to get some tips and guidance for free, and you’re aged at least 50, you can arrange a phone appointment via the government’s free service called Pension Wise. If you want personal recommendations or advice about your specific circumstances, you can find a local financial advisor on VouchedFor or Unbiased, or for more information, check out our guides on How to find the right financial advisor for you or How to get advice on your pension.
If you’re thinking about getting professional financial advice, you can find a local financial adviser on VouchedFor or Unbiased, or for more information check out our guide on How to find the right financial adviser for you.
Alternatively, if you’d like advice on your private pension, we’ve partnered with independent advice firm Fidelius to offer Rest Less members a free initial consultation with a qualified financial advisor.
Fidelius are rated 4.7 out of 5 from over 1,250 reviews on VouchedFor, the review site for financial advisors. With your free consultation, there’s no obligation, however if the adviser feels you’d benefit from paid financial advice, they’ll talk you through how that works and the charges involved.
Please note that Fidelius can discuss private pensions, but is not able to advise on the State Pension and defined benefit / final salary (e.g. NHS) pensions.
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