Divorce and the State Pension: What Each Spouse Can Claim

Divorce touches almost every area of personal finance, and pensions — including the State Pension — are no exception. Many people assume that State Pension entitlement is automatically protected or shareable on divorce, much like a private pension. The reality is more complex, and the reforms introduced with the new State Pension in April 2016 fundamentally changed what each divorcing spouse can claim.

This guide explains the rules clearly, distinguishes between the old (pre-2016) and new (post-2016) State Pension systems, and covers the impact on bereavement benefits and National Insurance credits accumulated during marriage.

---

The Core Principle: State Pension Is Not Shareable

The first and most important point: the State Pension cannot be shared under a pension sharing order. Unlike a private occupational pension or a SIPP — where a court can order a percentage transfer from one spouse's pension to the other's — the State Pension is a state benefit tied to an individual's National Insurance record. A family court has no power to divide it.

This means that regardless of how long a marriage lasted, the lower-earning spouse cannot receive a formal share of the other's State Pension entitlement on divorce. However, there are indirect mechanisms that can affect entitlement — and these differ significantly depending on which State Pension regime applies.

---

The Old Basic State Pension (Pre-April 2016): The Substitution Rule

For people who reached State Pension age before 6 April 2016, entitlement is governed by the old basic State Pension system. Under this system, divorced individuals could substitute their ex-spouse's National Insurance record for their own when calculating their Category A (own contributions) or Category B (spouse-based) basic State Pension.

How it worked:

A woman who had interrupted her working career to raise children — and therefore had fewer qualifying NI years than her husband — could, on divorce, apply to base her basic State Pension calculation on her former husband's NI record, rather than her own. This would give her up to the full basic State Pension (£184.90/week as of 2026/27 for the pre-2016 basic rate).

Important conditions:

• This substitution was only available once the applicant had reached State Pension age
• It was only available for basic State Pension — not Additional State Pension (SERPS/S2P)
• The ex-spouse also retained their own full State Pension; this was not a split, but a reflection
• It only applied where the person had not reached State Pension age before the divorce, and then claimed after it

The 2026 cut-off:

The substitution mechanism for divorced women based on a former husband's NI record was due to be phased out in stages. Anyone who reached State Pension age before April 2016 remains under the old rules and retains the right to claim. If you are in this category and divorced, contact the Pension Service (part of DWP) to check whether a Category B claim based on your former spouse's record would improve your pension.

---

The New State Pension (Post-April 2016): Individual Entitlement Only

For people who reached, or will reach, State Pension age on or after 6 April 2016, the New State Pension (NSP) applies. The NSP is built entirely on an individual's own National Insurance record. There is no Category B option and no substitution mechanism.

What this means on divorce:

• Each party retains only the State Pension entitlement they have accrued through their own NI record
• A lower-earning spouse who spent years out of the workforce — raising children, caring for a parent, or accompanying a partner on overseas postings — will have a lower NSP if they accumulated fewer qualifying years during that time
• There is no mechanism by which a court can share NSP entitlement between divorcing spouses

The full NSP (2026/27): £241.30 per week (equivalent to £12,547.60 per year), requiring 35 qualifying years. A reduced NSP is payable with between 10 and 34 qualifying years. Below 10 qualifying years: no NSP at all.

For someone with, say, 20 qualifying years, their NSP would be 20/35 of £241.30 = £137.89/week.

---

What Happens to Contracted-Out Pension Equivalent (COPE)?

Some members of the NSP have a deduction called the Contracted-Out Pension Equivalent (COPE) on their State Pension forecast. COPE is not a separate pension — it is a notional figure indicating that part of the State Pension you would otherwise have received was instead paid via your employer's contracted-out occupational pension (before 2016, when contracting-out ended).

On divorce, the COPE figure belongs to the individual. An ex-spouse cannot inherit or claim another's COPE. The COPE figure on one spouse's forecast does not affect the other's.

---

NI Credits During Marriage: What They Cover

One route by which a spouse who was out of paid employment during marriage can build State Pension entitlement is through National Insurance credits.

Credits that may have accrued during a marriage:

• Child Benefit credits: claiming Child Benefit for a child under 12 generates an NI credit for the primary carer. This is significant — many years of caring for children can translate into qualifying years without any NI contributions being paid.
• Carer's Credit: caring for a severely disabled person for at least 20 hours per week generates an NI credit where the carer does not pay NI.
• Specified Adult Childcare Credit: where a grandparent or other family member cares for a child under 12 so that the child's parent can work, the carer can apply to receive the NI credit that would otherwise go to the parent.

On divorce, these credits remain with the individual who accrued them. They are not divided on divorce. A spouse who built up credits through caring roles during marriage retains those credits in their own NI record.

If you are unsure how many qualifying NI years you have, check your State Pension forecast at gov.uk/check-state-pension. The forecast will show your current entitlement and the gaps in your record.

---

Filling Gaps: Voluntary NI Contributions After Divorce

Where the lower-earning spouse has fewer than 35 qualifying years and therefore a reduced NSP, the most effective remedy is to fill gaps through voluntary Class 3 NI contributions.

As of 2026/27:

• Class 3 voluntary contributions: £18.40 per week / £956.80 per year
• Each qualifying year purchased adds approximately 1/35th of the full NSP: roughly £6.89/week (£358/year)
• Payback period: approximately 2.7 years of State Pension income to recover the cost of one year's voluntary contributions

For someone with, say, 25 qualifying years, purchasing 10 additional years at £9,568 total would increase their NSP by £68.94/week — worth approximately £3,585/year. If they live for 20 years in retirement, the return is approximately £71,700 on a £9,568 investment.

Extended deadline: Following a temporary government extension, UK residents have until 5 April 2025 been able to fill gaps back to 2006/07. From 6 April 2025, the standard six-year lookback applied. Check the current rules with HMRC, as these deadlines change with government announcements.

Expats living abroad can also pay voluntary NI contributions — Class 2 (if working abroad) or Class 3 (otherwise) — and may have different cost structures. See the separate Global Investments guide on voluntary NI contributions from abroad.

---

Bereavement Support Payment and Divorce

The Bereavement Support Payment (BSP) is a lump sum and series of monthly payments available to a surviving spouse or civil partner following the death of their partner. As of 2026/27, the higher rate is £3,500 lump sum plus £350/month for up to 18 months.

Divorced individuals cannot claim BSP on the death of a former spouse. The entitlement is limited to current spouses and civil partners. This means that if a couple divorce and one subsequently dies, the surviving ex-spouse has no claim — even if the marriage lasted decades and the ex-spouse was financially dependent.

This has significant planning implications. Where one spouse is significantly wealthier or in poorer health, the timing of divorce proceedings relative to deteriorating health is a consideration both parties may want to take advice on. However, the decision is personal and legal — financial planning advisers can model the numbers, but cannot advise on the timing of legal proceedings.

---

The Old Widowed Parent's Allowance: Legacy Cases

Before BSP replaced it in April 2017, the Widowed Parent's Allowance (WPA) provided income for bereaved parents with dependent children. Divorced individuals were not entitled to WPA on the death of a former spouse.

If you are currently receiving WPA from a bereavement predating April 2017, the rules of the old scheme continue to apply to you. WPA is being gradually wound down.

---

Pension Offsetting and the State Pension

In divorce financial settlements, the court may "offset" the value of one spouse's private pension against other assets — for example, the lower-earning spouse receives a larger share of the family home in lieu of a formal pension sharing order on the private pension.

The State Pension is rarely valued for offset purposes, partly because it cannot be shared and partly because valuing future State Pension income is complex. However, some family law practitioners will include the difference in expected State Pension income as a factor when arguing for a larger property settlement or maintenance award for the lower-pension-entitlement spouse.

If you are going through divorce proceedings and there is a significant disparity in State Pension entitlement between you and your spouse, raise this with your family law solicitor explicitly. The difference in NSP income over a 20-year retirement can be material — potentially £20,000–£40,000 over a lifetime.

---

Practical Steps After Divorce

1. Check your State Pension forecast at gov.uk/check-state-pension to understand your current entitlement and the number of qualifying years you have.
2. Identify gaps in your NI record and check which years can be filled voluntarily.
3. Calculate the cost of voluntary contributions and the payback period against your expected retirement duration.
4. Ensure your Child Benefit credits have been correctly recorded — contact HMRC if you were the primary carer but Child Benefit was claimed in the other spouse's name.
5. Review Carer's Credit eligibility for any caring responsibilities you have currently.
6. Consider your overall financial plan — if private pension assets were shared on divorce, your investment strategy for growing those assets matters considerably.

---

Compliance Caveats

State Pension rules, NI contribution rates, and bereavement benefit entitlements are set by government and can change with each Budget or Autumn Statement. This guide reflects the position as understood in 2026. Individual entitlements depend on your specific NI record and personal circumstances. Nothing in this guide constitutes financial, legal, or tax advice. For help with your NI record, contact HMRC or DWP. For financial planning advice in the context of divorce, seek advice from a regulated financial adviser with experience in pension on divorce.

---

How Global Investments Can Help

Divorce can reshape the retirement picture fundamentally, particularly for internationally mobile individuals with complex pension arrangements. Global Investments works with clients who need integrated planning across State Pension entitlements, private pensions, overseas assets, and investment portfolios in the aftermath of a major life event. We can connect you with regulated advisers experienced in pension on divorce, and help you rebuild a coherent long-term financial strategy. Contact our team to begin.