Inheriting State Pension entitlement


You may be able to get extra pension payments from your husband, wife or civil partner’s pension or National Insurance Contributions (NICs) after they die.



If you reached State Pension Age (SPA) before 6 April 2016 you will get any State Pension based on your husband, wife or civil partner’s NICs when you claim your own pension. You will not get it if you remarry or form a new civil partnership before you reach SPA.


If you reach SPA on or after 6 April 2016 you will receive the new flat rate State Pension (see Chapter 6) and you may be able to inherit an extra payment on top of your pension.


Again, you will not be able to inherit anything if you remarry or form a new civil partnership before you reach SPA. 


You will inherit part of your deceased partner’s Additional State Pension if your marriage or civil partnership with them began before 6 April 2016 and one of the following applies:


• your partner reached SPA before 6 April 2016; 



• they died before 6 April 2016 but would have reached SPA on or after that date.



It will be paid with your State Pension.



You may inherit half of your partner’s protected payment if your marriage or civil partnership with them began before 6 April 2016 and:


• their SPA is reached on or after 6 April 2016;



• they died on or after 6 April 2016. 



It will be paid with your State Pension.



You may inherit part or all of your partner’s extra State Pension or lump sum if: 



• they died while they were deferring their State Pension or they had started claiming it after deferring; 



• they reached SPA before 6 April 2016; and



• you were married or in the civil partnership when they died.



The new State Pension is based on your own National Insurance record. If you are a woman and paid married women’s or widow’s Reduced Rate contributions you may be eligible to increase your new State Pension. 



The courts can make a “pension sharing order” if you get divorced or dissolve your civil partnership. You will get an extra payment on top of your State Pension if your ex-partner is ordered to share their Additional State Pension with you. Your State Pension will be reduced if you are ordered to share your Additional State Pension with your ex-partner.