State Pension and divorce/dissolution

How divorce affects your State Pension will depend on when you reach State Pension age and therefore which State Pension you get.

Reaching your State Pension age now or since 6 April 2016

A new State Pension system was introduced from 6 April 2016 and so anyone reaching their State Pension age after that date will be paid the ‘new’ State Pension.

The new State Pension can’t be shared if your marriage or civil partnership ends.

If you have a ‘protected payment’, the court could order that this is shared between you. A protected payment is an extra payment you might get on top of the full State Pension typically because your entitlement under the old rules was higher.

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Reached State Pension age before 6 April 2016

Your State Pension will be based on the old rules if you reached your State Pension age before 6 April 2016. 

You’ll have reached State Pension age if you were born before 6 April 1953.

There are two parts to the old State Pension – the basic State Pension and the Additional State Pension. They work slightly differently, and you could have built up an entitlement under both the basic State Pension and the Additional State Pension or just the Basic State Pension.

Your basic State Pension can’t be shared if your marriage or civil partnership ends.

However, divorced couples can use their former spouse or civil partner’s National Insurance contributions to increase their basic State Pension. This won’t reduce the amount of State Pension the other person gets.

If you have an Additional State Pension, the court could order that this is shared between you if your marriage or civil partnership ends.

You do lose these rights if you remarry or enter into another civil partnership before you reach your State Pension age.

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