Can I claim some of my husband’s pension after a 27 year separation?

I have been divorced for 27 years. Our marriage lasted 13 years before we broke up.

My husband took early retirement at age 55. That was six years ago.

I never knew if I had the right to claim any part of this pension, so I would like to ask the question. Should I file for a divorce?

I am 63 and still working and I wonder when I will retire, could he claim part of my pension?

Tanya Jefferies, of This is Money, replies: Most people need to take a closer look at their finances after retirement.

It is therefore understandable that you are now considering staying divorced or winding up with a divorce to get your affairs in order for years to come.

There are several things to consider and a divorce attorney will explain your options below.

Irpreet Kohli, family law partner at Freeths, replies: Pensions can always seem complicated, especially in the context of divorce.

Many people do not realize how important it is to have a final financial settlement when they divorce, especially when the divorce is amicable and there are few assets at the time of the divorce.

However, until there is a financial order, both your husband and you technically have the option to file financial claims against each other even if your marriage is dissolved if you have not remarried.

What rights do you and your husband have on each other’s pensions?

There is a common misconception that when couples divorce, everything is automatically divided equally.

This is not the case – the court will consider a number of factors to determine what should be the most equitable distribution of your assets, income and pensions.

Those factors include the length of your relationship, what assets and income you each have, and what your plans are after your divorce.

In your case, since 27 years have passed since the divorce, the court should first understand why a formal financial claim was filed now and what has changed since you broke up.

They will then consider whether it is appropriate for you to have part of your husband’s pension and it would only likely be if there was a real ‘need’ for you to get that part.

You indicate that you have your own pension and that, because you are still working, you may be paying for that pension. Again, technically your husband can claim a portion of your pension.

If there is a discussion about whether total pensions should be shared, it is very likely that a pension actuary would be needed to advise on the value of the pensions at the time of divorce, as both of you could argue that anything u that have accrued after you broke up should not be shared.

A court would sympathize with this view and would only distribute assets after the divorce if one of you really needed them.

If you would like to wrap things up now and there would be a pension share, then you would need a final divorce decree and a final financial court to be able to implement any agreed pension sharing decision.

What happens to your pension if you do not get a divorce?

I’d also like to point out, especially when couples are considering divorce later in life, that some pensions have a “widow’s or widower’s pension” that can be more generous than anything you’d get from a retirement share.

If you are not formally divorced, you may still be entitled to that widow’s pension as you remain your husband’s spouse, and he may be entitled to one of your pensions.

However, this depends on the type of pension you and your husband have, and what ‘wish’ you may have made with your pension plans.

What about your other financial assets?

Any final financial order would also cover any other assets, such as property, savings, and cash, you each had.

It would also be about your income and whether there should be alimony.

In reality, given the length of your divorce, it’s likely that you would each keep your net worth and income, as you have managed your finances separately thus far, unless you can show that there really is something else that needs to be arranged.