# Does a seperated wife have entitlement to a % of husband's pension - early retirement



## hotchocolate (30 Nov 2010)

Just a general question, does a seperated or divorced wife have entitlement to a % of her husband's pension when he takes earlier retirement or does she have to wait until he's 65?  Some friends of mine had this discussion lately and I wonder if someone here could answer this or direct us to where we could get further accurate info.


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## rosemartin (30 Nov 2010)

I have a friend who worked in civil service he was seperated and re married. his ex wife  got 33% of his gratutity.   this was the deal worked out via solicitors at time of break up.   i suppose if it is not wriiten on paper at the time of seperation or divorce,  there is very little recourse they can take. this is one for a family law solicitor


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## LDFerguson (2 Dec 2010)

When a married couple separate, the pension entitlements are subject to a Pension Adjustment Order which forms part of the separation agreement.  So what happens to the pension entitlement depends on what was agreed as part of the Pension Adjustment Order.


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## Anfear (3 Dec 2010)

A pension adjustment order (court order) requires a judicial separation or divorce under pertinent family law legislation (1995 or 1996). If it's merely a separation agreement with no court order, no legal entitlement exists. If PAO under court order, the court has discretion, depending on circumstances, as regards the specific entitlement. Hope this helps, and all this info is in the public domain, & may be available from your local library.


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## TheFatMan (6 Dec 2010)

And she can always come back for more in the future!


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## chuey (10 Jan 2011)

*Yes you can!*



hotchocolate said:


> Just a general question, does a seperated or divorced wife have entitlement to a % of her husband's pension when he takes earlier retirement or does she have to wait until he's 65?  Some friends of mine had this discussion lately and I wonder if someone here could answer this or direct us to where we could get further accurate info.



Yes you can collect if your husband has taken early retirement and you are separated and also your children I live in the state of Illinois and I get it for me and my two children it doesn't amount to much in my case but every little bit helps. I hope this helps you and if it has been a while since you two have been separated you will get back pay too so good luck!


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