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Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 22621
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I am separated from my husband and do not want him to benefit

Customer Question

i am separated from my husband and do not want him to benefit from my NHS pension when I die. We have no plans to divorce. In fact I havnt seen him for many years. If I 'Nominate' some other beneficiary, then would this solve the problem? Does a Nomination include monthly pension payments as well as lump sums?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Stuart J replied 1 year ago.
Why dont you want to divorce?
Customer: replied 1 year ago.
That is not the issue
Customer: replied 1 year ago.
Hello
Expert:  Stuart J replied 1 year ago.
I’m afraid it is extremely relevant because until you such time as you are divorced or legally separated, and the financial issues sorted between you, even if you appoint other parties to have the benefit of the pension, your ex-husband can still have a claim.
Customer: replied 1 year ago.
do you mean he can have a claim under matrimonial law? I am aware of the matrimonial law position & that everything can go into the pot.
That aside, I just need to know if I can Nominate someone else to get the entire benefit of the pension on my death
Expert:  Stuart J replied 1 year ago.
You can nominate someone else depending on the scheme.This is the post 2008 nomination formhttp://www.nhsbsa.nhs.uk/Pensions/Documents/Pensions/db2.pdf And there are a whole raft of different forms http://www.nhsbsa.nhs.uk/Pensions/4110.aspx So the short answer to your problem is that yes, yougenerally can you will need to speak to the pension administrators to find outwhat the process is.
Customer: replied 1 year ago.
Yes I have seen that form but it only seems to provide for lump sums; what about periodic payments
Customer: replied 1 year ago.
The DB2 I saw online is version 11/2014?
Expert:  Stuart J replied 1 year ago.
Are you currently receiving the pension or have you not retired?
Customer: replied 1 year ago.
I am retiring in early May 2016
Customer: replied 1 year ago.
It is highly unlikely my husband would ever seek any share of my assets or any maintenace, even if he had a need. That is why I am quite blase about that.
A Nomination would operate to exclude him, correct? I mean, the pension provider will have total regard to the Nomination, correct?
Expert:  Stuart J replied 1 year ago.
The income (widows pension) is only available to a spouseregistered civil partner or a nominated partner who meets various eligibilityconditions as you will read here. http://www.nhsbsa.nhs.uk/Pensions/Documents/Pensions/Survivor_Benefits_-_Member_FAQs.pdf http://www.nhsbsa.nhs.uk/Documents/Pensions/Survivors_Guide_(V2)_08_2014.pdf The criteria is that you have to been living together for atleast 2 years with whoever you are nominating.You cannot just nominate anyone.http://www.nhsbsa.nhs.uk/Documents/Pensions/PN1_(V5)_-_09.2012.pdf
Customer: replied 1 year ago.
OK
But what about the lump sum, can you nominate anyone?
Expert:  Stuart J replied 1 year ago.
Lump sum on death-yes. Lump sum on retirement, only as the pension.The scheme administrators will give you all the fine definitive answers peculiar to their scheme.

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