Can I claim from my spouse/civil partner?

Receiving State Pension from your husband/wife or civil partner

If you reach State Pension age on or after 6 April 2016, your State Pension will be based on your National Insurance record only.

There is one exception to this - if you are a married woman or widow who has opted to pay reduced rate National Insurance contributions. This is called a Reduced Rate Election (or perhaps most commonly known as “Married Women’s Stamp).

If you made this choice in the past you may get a new State Pension based on different rules, if these will give you more than the amount of the new State Pension that you would have otherwise have got from your own National Insurance record.

If these rules do apply to you, you will not need the qualifying 10 years of your own in order to get any State Pension.

Inheriting State Pension from your husband/wife or civil partner

You may be able to inherit an extra payment on top of your new state pension if you are widowed or a surviving civil partner. The extra payment may consist of additional State Pension or a “protected payment” (if any).

You might also be able to inherit extra State Pension or a lump sum payment if your late spouse or civil partner reached State Pension age before 6 April 2016 and put off claiming their State Pension.

If you remarry or form a new civil partnership

If you are under State Pension age you won’t be able to inherit anything from your deceased spouse or civil partner if you remarry or form a new civil partnership before you reach State Pension age.

If you get divorced or dissolve your civil partnership

The courts can make a “pension sharing order” if you get divorced or dissolve your civil partnership. If this happens the court can decide if you must share your additional State Pension or protected payment with your former husband, wife or civil partner.

Your State Pension will be reduced accordingly and your former husband, wife or civil partner will get this amount as an extra payment on top of their State Pension.

For further information visit: www.gov.uk/state-pension-through-partner

For more on Married Women’s and Widow’s reduced rate visit: www.gov.uk/reduced-national-insurance-married-women


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