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Did you know? Are you married/in a civil partnership or living together? - Part 5


What different rights do parties who live in England or Wales who are married in a civil partnership and people who are not married/civil-partners, or don’t have a legally valid marriage, have? (The law in Scotland is different), continued from part 4



Not legally married

Pensions on death

Most pension funds have spousal benefits on death although they do differ on what they are (the rights vary for a same-sex spouse depending on the type of pension)

Some pension funds do not provide for a cohabitee, usually the cohabitee has to be nominated as the chosen beneficiary but it is still up to the Pension Trustees if they follow this. Most government pensions do provide benefits for unmarried partner’s now but the person has to be nominated (although that may change as it was challenged successfully in relation to the Northern Ireland local govt scheme in 2017)

State Pensions on death

Widow/Widower’s state pension rights. These vary depending on age of parties (and if same sex marriage or civil-partnership), and are not available if claimant reaches State Pension Age (SPA) after 6.4.16

Bereavement support payments available (max 18 months)

No state pension rights are transferrable or inherited, (although cohabitees are treated as a couple for means tested state benefits in life)

Bereavement support payments are not available.

Continued in Part 6 next week.


Added: 12 Feb 2018 14:54

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