If My Husband Dies Do I Get His State Pension?
What happens to your husband’s State Pension when he dies? Can you inherit part of it? And what are the rules if you remarry or are already receiving a pension of your own?
These are some of the most pressing questions widows and civil partners across the UK ask when coping with the loss of a spouse. Beyond the emotional impact, financial uncertainty often follows, particularly for those approaching or already receiving retirement income.
With ongoing reforms to the State Pension system and different rules depending on when you and your husband reached pension age, the topic can be confusing.
This article breaks down the current 2025 rules on inheriting State Pension, Bereavement Support Payment, protected payments, and the implications of remarriage or divorce.
What Happens to Your Husband’s State Pension When He Dies?
When someone receiving the State Pension dies, their payments stop. However, their surviving spouse or civil partner may be entitled to claim additional pension amounts, depending on the type of State Pension the deceased received and the individual circumstances of the surviving partner.
Inheriting a State Pension is not automatic. The government has strict eligibility rules. The process and the amount you may receive depend largely on factors such as the date your husband reached State Pension age, the nature of your relationship, and whether they had deferred their pension.
If you remarry or enter into a new civil partnership before reaching your own State Pension age, you will usually lose the right to inherit your previous partner’s pension entitlements. This rule applies regardless of how long you were married or how much your partner contributed.
Can You Inherit the New State Pension?
Yes, under certain conditions. The new State Pension system applies to men born on or after 6 April 1951 and women born on or after 6 April 1953. Unlike the old system, it is built almost entirely on a person’s own National Insurance (NI) record, not that of their spouse.
However, if your marriage or civil partnership began before 6 April 2016, and your husband either reached State Pension age or died on or after that date, you may inherit extra payments in the form of a protected payment or deferred pension benefits.
This inheritance is not the full pension but can still offer meaningful financial support, and it will be added to your own State Pension once you become eligible to claim it.
What Is a Protected Payment and Who Can Inherit It?
A protected payment is an additional amount paid with the new State Pension. It applies to those whose total pension amount under the old system would have been higher than what they are entitled to under the new rules.
If your husband had a protected payment and your marriage or civil partnership began before 6 April 2016, you may inherit 50% of that amount, provided he reached State Pension age and died on or after 6 April 2016.
This payment is not a separate benefit but becomes part of your own State Pension when you reach pension age. If your relationship began after 6 April 2016, you are not eligible to inherit any protected payment.
Can You Inherit Additional State Pension from Your Husband?
The Additional State Pension, also known in previous schemes as SERPS or State Second Pension, can be inherited in part if certain criteria are met.
You may inherit a portion of your husband’s Additional State Pension if:
- Your marriage or civil partnership began before 6 April 2016, and
- Your husband either reached State Pension age before 6 April 2016, or
- Died before 6 April 2016 but would have reached State Pension age after that date.
If you meet these requirements, the inherited amount will be paid with your State Pension when you claim it. This does not increase the standard weekly pension amount but is an addition to your pension income.
Is It Possible to Inherit a Lump Sum or Extra State Pension from a Deferred Claim?
Yes, surviving spouses and civil partners may inherit part of or the entire extra pension or lump sum if the deceased deferred claiming their State Pension. Deferral means delaying the claim past pension age, which can result in higher payments or a one-off lump sum.
The following conditions must apply:
- Your husband reached State Pension age before 6 April 2016, and
- He either deferred claiming his State Pension or
- Claimed it after a period of deferral, and
- You were married or in a civil partnership when he passed away.
In this case, you could receive an inherited pension top-up or lump sum paid with your own State Pension or separately.
How Does National Insurance Impact Your State Pension After a Spouse’s Death?
The new State Pension is calculated based on your own National Insurance contributions, but there are exceptions.
Women who paid reduced-rate NI contributions commonly referred to as the “married woman’s stamp”, might be eligible to increase their State Pension if their husband passes away.
Eligibility depends on the dates the reduced rate was paid and the overall NI contribution record of both partners. It is important to contact the Pension Service or visit GOV.UK to get a personalised forecast and entitlement check.
What Are the Rules on Inheriting a State Pension if You Remarry?
If you remarry or form a new civil partnership before reaching your own State Pension age, you will generally become ineligible to inherit:
- Additional State Pension
- Protected payments
- Deferred lump sums
This applies even if you qualified for these benefits at the time of your husband’s death. Once you enter into a new legal partnership, those inheritance rights end, even if the new partner has no impact on your financial situation.
What Support Is Available If You Are Under State Pension Age?
If you are under State Pension age when your husband dies, you may be eligible for the Bereavement Support Payment (BSP). This benefit is designed to provide financial support during the initial months following bereavement.
The Bereavement Support Payment consists of:
- A lump sum payment
- Up to 18 monthly instalments
To qualify, your husband must have paid at least 25 weeks of National Insurance contributions, or died due to a work-related accident or disease. The amount you receive depends on whether you are receiving child benefit or are pregnant at the time of claim.
Claims must be made within 21 months of the death to receive the full amount.
How Does Divorce or Civil Partnership Dissolution Affect State Pension?
If your marriage or civil partnership ended before your husband passed away, you may still be entitled to some of his pension, but only through a pension sharing order issued by the court.
Under this order, part of the deceased’s:
- Additional State Pension, or
- Protected payment
can be transferred to your own pension. However, if the order required you to share your pension, your entitlement may be reduced accordingly.
Such arrangements are legally binding and should be discussed with a solicitor or pension advisor during divorce proceedings.
What Are the Steps to Claim a Deceased Partner’s State Pension?
To claim any State Pension entitlements or bereavement benefits, the following steps are essential:
First, register the death with your local authority. You can then use the Tell Us Once service, which is available in most parts of the UK, to notify all relevant government departments including HMRC and DWP.
Next, contact the Pension Service to enquire about any inherited entitlements, including:
- Additional State Pension
- Protected payments
- Deferred lump sums
- Bereavement Support Payment
Applications can also be made online through the GOV.UK website, or by calling the Bereavement Service helpline.
Summary Table: State Pension Inheritance at a Glance
| Pension Type | Can Be Inherited? | Key Conditions |
| Additional State Pension | Yes | Marriage before 6 April 2016; partner reached SPA before 6 April 2016 |
| Protected Payment | 50% Inheritable | Marriage before 6 April 2016; partner reached/died after 6 April 2016 |
| Deferred Extra Pension or Lump Sum | Yes | Partner reached SPA before 6 April 2016 and deferred claiming |
| Bereavement Support Payment | Yes | Under SPA; partner made qualifying NI contributions |
| State Pension from New Partnership | No | Remarriage before SPA disqualifies inheritance rights |
Frequently Asked Questions (FAQs)
Can I inherit my late husband’s full State Pension?
No, the full amount cannot be inherited. However, you may receive part of it through protected payments or Additional State Pension if eligible.
What happens to the pension if I remarry?
Remarrying before you reach State Pension age will disqualify you from inheriting any part of your late husband’s pension.
Am I entitled to a pension lump sum if my husband deferred his claim?
Yes, if he deferred claiming his pension and reached SPA before 6 April 2016, you may inherit a lump sum or increased weekly amount.
What is the married woman’s stamp, and how does it affect me?
It refers to reduced-rate NI contributions. If you paid this, your entitlement may be affected, but you could increase your pension based on your husband’s NI record.
Can I still get Bereavement Support Payment if I’m over pension age?
No, BSP is only available to those under State Pension age at the time of their spouse’s death.
Is inherited pension income taxable?
Yes, inherited pension amounts are subject to income tax, though Bereavement Support Payment is not.
How long do I have to claim Bereavement Support Payment?
To receive the full amount, you must claim within 21 months of your husband’s death.
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