Can I inherit a state pension?
Wondering if you could inherit your spouse’s state pension? We outline the possibilities in our useful guide below.
Can you inherit the state pension from your spouse if they have passed away?
It may be possible if they received or were about to receive the old state pension before they died, but it depends on a number of key timelines and factors.
Find out more in our step-by-step guide.
You can inherit a state pension if you were married or in a civil partnership before 6 April 2016.
Your late spouse must have reached state pension age before 6 April 2016 or died before that date.
You may also be eligible to receive their additional state pension, protected payments, state pension top-up or graduated retirement benefit.
If your spouse was eligible to receive the new state pension, it is unlikely you will be able to inherit it from them.
Can I inherit a state pension?
It may be possible for you to inherit part of your spouse’s state pension and additional state pension if you were married or in a civil partnership with them before 6 April 2016.
However, they must also either have reached the state pension age before the same date or died before 6 April 2016, but would have reached the state pension age on or after this date.
How do I inherit a state pension?
Whether you can inherit your late spouse’s state pension depends on a number of different factors.
As well as the timing of your marriage and their death, it will also depend on the number of years they paid national insurance for and how long they worked.
The Department of Work and Pensions has an online tool that can help you work out what you may be entitled to if your spouse or civil partner has passed away.
You might also be eligible to inherit their protected payments, state pension top-up or graduated retirement benefit.
The old state pension was composed of these different payments. The new state pension consists of a single tier.
What if I paid the reduced married woman’s stamp?
Some women who opted to pay the reduced married woman’s stamp will have been eligible for a much smaller pension, as they would have expected to receive part of their husband’s pension.
Those who were paying the ‘married woman’s stamp’ 35 years before they reached pension age are protected under the new pension scheme.
If widowed, they will receive a full old ‘basic’ state pension, plus any additional state pension (also known as SERPS) built up in their own right before they began paying the reduced stamp.
They will also be eligible for at least 50% of their late spouse’s additional state pension entitlement and up to 100% of it, depending on when their late spouse was born.
How do I inherit a protected payment?
You may inherit half of your partner’s protected payment if you were married or in a civil partnership with them before 6 April 2016.
They must have reached state pension age on or after 6 April 2016, or passed away on or after 6 April 2016.
You may also inherit some of their additional state pension (based on what they earned) and state pension top up and half their graduated retirement benefit (the earnings-related state pension savers could build up between 1961 and 1975).
It’s also possible you could inherit some of your spouse or civil partner’s deferred payment if they delayed claiming their state pension - this won’t be affected by the date of your marriage or civil partnership.
In addition, you could be due bereavement support payments if your partner dies before you reach state pension age.
Learn more: What is a deferred pension and how does it work?
Can I still claim my late spouse’s state pension if we divorced?
If you are divorced or your civil partnership was dissolved, you may be awarded a share of your former spouse’s additional state pension.
This is called a ‘pension sharing order’ by the courts. Again, they must have reached state pension age before 6 April 2016.
In the same way, you may also be awarded a share of their protected payment by the courts.
Can I still claim my late spouse’s state pension if I remarry?
If you choose to remarry or enter a new civil partnership before you reach state pension age, you will no longer be entitled to inherit your late spouse’s pension or protected payment.
What happens if I inherit a state pension?
If you inherit your spouse’s old state pension, you will receive the payments alongside your own state pension.
If they received other payments such as the additional state pension, protected payments, state pension top-up or graduated retirement benefit, you will also be paid these with your own state pension.
Can I inherit the new state pension?
The government introduced the new state pension for those reaching state pension age from 6 April 2016.
Eligibility for the new state pension is now linked to an individual’s own national insurance record rather than their earnings.
As such, most spouses are now unable to inherit their partner’s new state pension or base their own state pension on their partner’s entitlement
| Type of pension | Married/in civil partnership by 6th April 2016? | Late spouse receiving or eligible for pension by 6 April 2016? | Can I inherit it? |
|---|---|---|---|
| Old state pension | Yes | Yes | Yes |
| New state pension | N/A (pension began after 6 April 2016) | N/A (pension began after 6 April 2016) | Yes |
Can I leave my state pension to someone else?
In most cases now, your state pension payments will finish when you die, and you will most likely not be able to leave them to anyone else.
However, in certain circumstances, your spouse may be able to claim something. You can find out by checking the state pension tool on the Department of Work and Pensions website.
They may be able to claim bereavement support payments, for example, if you die before they reach state pension age.
Get expert financial advice
You can still inherit the old state pension if you were married or in a civil partnership before 6 April 2016 and your partner died having reached state pension age before the same date or died before it.
However, it is most likely that you won’t be able to inherit the new state pension from your spouse.
Unbiased can help connect you with an expert financial adviser who can help you decide the best course of action.
If you enjoyed this article, you may find our inheritance tax planning guide useful too.
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