Terry & Co Home

Welcome! Log In Create A New Profile

Advanced

Shared pension what happens when my ex passes away

Posted by Sleepy hollow 
Shared pension what happens when my ex passes away
January 08, 2021 05:20PM
Dear sir,
My military pension was split 50/50 when I retired from work aged 65 via court order. If my ex-wife passes away before me do I automatically get her 50% back and vise verser? The court order mentions implementation of The pension sharing shall end on
>Death of either applicant or respondent
>the respondents remarriage.

Thank you and stay safe.
Re: Shared pension what happens when my ex passes away
January 08, 2021 08:10PM
If it was a Pension Sharing Order, then her share of your pension would have been paid into a pension plan of her choice. That pension is solely hers and it wouldn’t revert to you on her death, unless has nominated you to receive the benefit on her death, or if you are a beneficiary of her will. The same applies to your share.
Re: Shared pension what happens when my ex passes away
January 09, 2021 10:10AM
How EXACTLY was your pension split in the court order? There are different ways of sharing a pension although they are rare rare compared to the standard way of making a pension sharing order. The point is the words you quote, >Death of either applicant or respondent >the respondents remarriage< are not consistent with a standard pension sharing order. Either you have misconstrued those words which apply to something else in the order or else the pension was divided differently from using a standard pension sharing order. Either is a possibility but it is impossible to know without knowing the exact words of the court order.
Re: Shared pension what happens when my ex passes away
January 14, 2021 11:11AM
Dear David ,
As requested. Please find below Court order referring to Pension sharing, and the Pension sharing giving 50% equal share

Variation: lump sum or pension sharing in lieu of periodical payments
The order of District Judge xxxxxxxx dated xxxxxx 2012 varying
paragraph 3 of the order of District Judge xxxxxx dated xxxxx 2009 further
shall be varied as follows:
a. Paragraph li) of the order, providing for the applicant to pay periodical
payments to the respondent, shall be varied to provide that the applicant
shall pay to the respondent periodical payments at the rate of £xxxxxx per
month starting on the 1xxxxxx 2017, (to be reduced pound for pound by
any net pension income received by the respondent following the
implementation of the pension sharing order) and ending upon the first to
occur of the following
i. The death of either the applicant or respondent
ii. The respondent’s remarriage[
iii. The xxxxxx 2018 after which the periodical payments order shall
stand discharged providing that the applicant shall have paid to the
respondent the lump sum provided for in paragraph 6 (b) below in full
and the pension sharing order provided for in paragraph 6 (b) below
has been implemented, after which the respondent’s claims for
periodical payments and secured periodical payments shall be
dismissed and it is directed that:
Financial Remedy Order
2


iv. The respondent shall not be entitled to make any further application in
relation to the marriage for an order under the Matrimonial Causes
Act 1973 section 23(1 )(a) or (b) for periodical payments or secured
periodical payments;
v. pursuant to the Matrimonial Causes Act 1973 section 28(1 A), the
respondent may not apply for an order to extend the term;
vi. the respondent shall not be entitled on the applicant’s death to apply for
an order under the Inheritance (Provision for Family and Dependants)
Act 1975, section 2.
b. Pursuant to the Matrimonial Causes Act 1973, section 31, the applicant
shall pay to the respondent a lump sum of £xxxxx January
2017 and there be provision by way of a pension sharing order in favour of
the respondent in respect of the applicant’s rights in the Armed Forces
Pension Scheme in accordance with the annexe to this order it being agreed
between the parties that in the event of respondent predeceasing the
applicant after this order has taken effect but before its implementation the
applicant shall have the respondent’s personal representative’s consent to
an application for leave to appeal out of time against the terms of this order.
c. Any further arrears accumulated under the terms of the order of District
Judge xxxxx 2012 shall be remitted.

Persion Sharing
Pension Sharing Annex
under [section 24B of
the Matrimonial Causes
Act 1973] [paragraph 15
of Schedule 5 to the Civil
Partnership Act 2004]

(Petitioner)
(Respondent)
Take Notice that:
On
the court
•(delete as appropriate)
• made a pension sharing order under Part IV of the Welfare Reform and Pensions Act 1999.

This annex to the order provides the person responsible for the pension arrangement with the information
required by virtue of rules of court:
A. Transferor’s details
(i) The full name by which the Transferor is known:
(ii) All names by which the Transferor has been
known:
(iii) The Transferor's date of birth: .
(iv)The Transferor's address:
(v) The Transferor’s National Insurance Number:
B. Transferee’s Details
(i) The full name by which the Transferee is known:
(ii) All names by which the Transferee has been
known:
Form P1 Pension Sharing Annex under [section 24B of the Matrimonial
Causes Act 1973] [paragraph 15 of Schedule 5 to the Civil Partnership
Act 2004] (04.16)


(iii) The Transferee's date of birth:
(iv) The Transferee’s address:


(v) The Transferee’s National Insurance Number
(vi) lf the Transferee is also a member of the pension
scheme from which the credit is derived, or a
beneficiary of the same scheme because of
survivor’s benefits, the membership number
C. Details of the Transferor’s Pension Arrangement
(i) Name of the arrangement:
Armed Forces Pension Scheme 1975
(ii) Name and address of the person responsible for
the pension arrangement:
(iii) Reference Number:
(iv) If appropriate, such other details to enable the
pension arrangement to be identified:
(v) The specified percentage of the member's CEV to
be transferred:
(vi) Where State Pension is to be shared, if the
transferor reaches his/her state pension age on
or after 6 April 2016 and divorce or dissolution
proceedings start on or after that date, then Insert
the shared weekly amount of State Pension which
is payable. For the definition of the shared weekly
amount of State Pension please see section 49A(3)
of the Welfare Reform and Pensions Act 1999.
Sendee Personnel and Veterans Agency
Pensions Division
Mail Point 480
Kentigem House
65 Brown Street
Glasgow
G2 8EX

50 . 00 %
D. Pension Sharing Charges
It is directed that: (’delete as appropriate)
* The pension sharing charges be apportioned
between the parties as follows:
Equally


E. Have you filed Form D81 (Statement of Information
for a Consent Order for a financial remedy)?
If ‘Yes’ delete the text opposite.
[<] Yes □ No
The parties certify that:
(i) they have received the information required
by Regulation 4 of the Pensions on Divorce etc
(Provisions of Information) Regulations 2000; and
(il) It appears from that information that there is
power to make an order including provision under
[section 24B of the Matrimonial Causes Act 1973]
[paragraph 15 of Schedule 5 to the Civil Partnership
Act 2004].

F. In cases where the Transferee has a choice of an
internal or external transfer, if the Transferee has
indicated a preference, indicate what this is.
M Internal transfer
□ External transfer
G. In the case of external transfer only
(recommended but optional information)
(I) The name of the qualifying arrangement which
has agreed to accept the pension credit:
(ii) The address of the qualifying arrangement:
(iii) If known, the Transferee s membership or
policy number in the qualifying arrangement and
reference number of the new provider:
(iv) The name, or title, business address, phone
and fax numbers and email address of the person
who may be contacted in respect of the discharge
of liability for the pension credit on behalf of the
Transferee:
(This may be an Independent Financial Advisor, for
example, if one Is advising the Transferee or the new
pension scheme Itself.)
(v) Please attach a copy of the letter from the
qualifying arrangement indicating its willingness to
accept the pension credit.
Please complete boxes H to J where applicable
H, Where the credit is derived from an occupational
scheme which is being wound up, has the
Transferee indicated whether he wishes to
transfer his pension credit rights to a qualifying
arrangement?
□ Yes □ No

3


I. Where the pension arrangement has requested
details of the Transferor’s health, has that
information been provided?
J. Where the pension arrangement has requested
further information, has that information been
provided?
□ Yes Q No
□ Yes 0 No
Note: Until the information requested in A, B, (and as far as applicable G, H, I and J) is provided the pension sharing
order cannot be implemented although It may be made. Even if all the information requested has been provided, further
information may be required before Implementation can begin, if so, reasons why implementation cannot begin should
be sent by the pension arrangement to the Transferor and Transferee within 21 days of receipt of the pension sharing
order and this annex
THIS ORDER TAKES EFFECT FROM the later of
a the date on which the Decree Absolute of Divorce or Nullity of marriage is granted, or the Final Order of
Dissolution or Nullity of civil partnership Is made;
b. 28 days from the date of this order or, where the court has specified a period for filing an appeal notice,
7 days after the end of that period;
c. where an appeal has been lodged, the effective date of the order determining that appeal.
To the person responsible for the pension arrangement:
'(delete as appropriate)
*1. Take notice that you must discharge your liability within the period of 4 months beginning with the later of:
• the day on which this order takes effect; or
• the first day on which you are in receipt of -
a. the pension sharing order including this annex (and where appropriate any attachments);
b. in a matrimonial case, a copy of the decree absolute of divorce or nullity of marriage;
c. In a civil partnership case, a copy of the final order of dissolution or order of nullity of civil partnership;
d. the information specified in paragraphs A, B and C of this annex and, where applicable, paragraphs
G to J of this annex; and
e. payment of all outstanding charges requested by the pension scheme.
*2. The court directs that the implementation period for discharging your liability should be determined by
regulations made under section 34(4) or 41 (2)(a) of the Welfare Reform and Pensions Act 1999, in that:
4
Re: Shared pension what happens when my ex passes away
January 14, 2021 11:14AM
i'm sorry for the font colour in the previous message> I did not see it until after it was sent.
Re: Shared pension what happens when my ex passes away
January 14, 2021 12:08PM
OK, the court order makes the position very clear. If your ex wife were to drop dead before the pension sharing order had been implemented you would have had the right to appeal the order (and presumably ask that it be cancelled). However, looking at the dates it is clear that the pension sharing order must have been implemented by now. If it has been implemented then what Andyk said above is correct. Upon implementation her share of your pension became hers and you no longer have any right to it whether she dies or not. She could, as Andyk says, leave it to you by will if she wanted but it is highly unlikely an ex spouse would want to do that.
Re: Shared pension what happens when my ex passes away
January 15, 2021 10:28AM
Hi David,
Thank you for your advice. One last question > can a pension share be contested via a court order if a persons circumstances change e.g gets married.

Once again many thanks.
Re: Shared pension what happens when my ex passes away
January 16, 2021 09:49AM
>>One last question > can a pension share be contested via a court order if a persons circumstances change e.g gets married.

No. Once this type of order is made either party has 14 days in which to appeal. If no appeal was made it cannot be changed subsequently except by agreement. If it was possible to do as you suggest there would never be any end to litigation.
Re: Shared pension what happens when my ex passes away
January 16, 2021 09:59AM
Just to add to what David has said. Even if you and your spouse came to an agreement to reverse or amend the sharing order, the pension provider would only do anything like that if they were ordered to by the court.
Re: Shared pension what happens when my ex passes away
January 16, 2021 04:12PM
Yes, that is correct. I see I was not clear enough. Any agreement would have to be turned into a court order otherwise no pension company would act upon it. In any case it is only theoretical. I cannot imagine why anyone would agree to it and have never known it happen.
Sorry, only registered users may post in this forum.

Click here to login