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.
For more information see our guide State Pension: how it works
Getting divorced and want to discuss your pensions options?
Someone from our pensions guidance team can guide you through your options during a divorce. They’ll talk to you about what you’ll need to think about, and where to get regulated advice if you need it.
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 PensionOpens in a new window 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 PensionOpens in a new window, the court could order that this is shared between you if your marriage or civil partnership ends.
You lose these rights if you remarry or enter into another civil partnership before you reach your State Pension age.
You can check what you might be entitled through your partner's pensionOpens in a new window at GOV.UK.
For more information on divorce and pensions see our guide How could getting divorced affect my pension and retirement income?
Need more information on pensions?
Call our helpline free on 0800 011 3797 or use our webchat. One of our pension specialists will be happy to answer your questions.
Our help is impartial and free to use, whether that’s online or over the phone.
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