The evidence
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General information, not advice on your own case.
If you die before drawing your pension, the money usually does not pass under your will. Most pension death benefits sit outside your estate and are paid at the discretion of the scheme trustees or provider, who look first at the nomination form (often called an expression of wish) that you completed, possibly years ago. A divorce does not update that form. A pension sharing order does not update it. Your will does not control it. So an out of date nomination can still name an ex spouse, and the trustees may pay them. This takes a few minutes to put right and normally costs nothing. It is worth doing for every pension you hold, including old ones from previous jobs.
When you join a pension scheme you are usually asked to complete a form saying who you would like to receive any lump sum payable if you die. Depending on the scheme it might be called a nomination form, an expression of wish, a nomination of beneficiaries or a death benefit nomination.
The form does two things. It tells the scheme who you have in mind, and it gives the people running the scheme evidence of your wishes at a moment when you are no longer around to be asked.
Here is the part that surprises people.
For most pensions, the death benefit is not yours to leave. The scheme rules give the trustees (for an occupational scheme) or the provider (for a personal pension or SIPP) a discretion over who receives it. They choose from a class of people set out in the scheme rules, typically dependants, relatives and anyone you have nominated.
Because the payment is discretionary rather than an entitlement, it generally falls outside your estate. That has traditionally been an advantage: the money can be paid quickly without waiting for probate, and it has historically sat outside the estate for inheritance tax purposes. The tax treatment of pension death benefits does change from time to time, so check the current position rather than relying on what was true when you joined the scheme.
The practical consequence of the discretion is the thing to hold on to:
So a nomination is not a guarantee. It is by some distance the strongest signal you can send, and leaving it blank or out of date means the trustees are working from old information or none at all.
A financial settlement on divorce is thorough about the assets and almost always silent about this.
The result is a gap that nobody in the process really owns. The solicitor deals with the order. The scheme implements the share. The financial adviser looks at the investments. The nomination form sits in a filing system, unchanged since you started the job.
Everyone should check, but three situations deserve particular attention.
You have remarried or have a new partner you are not married to. Many schemes will consider an unmarried partner, but often only where there is evidence of financial dependence or interdependence, and sometimes only where they have been nominated. A cohabiting partner with no nomination and an ex spouse with a ten year old nomination form is the worst possible combination. If you want your partner provided for, say so in writing to the scheme.
You have a second family. Children from an earlier relationship, children from a later one, a current partner and an ex spouse can all be in the picture at once. Trustees can only weigh what they know about. Being explicit about proportions helps them.
You have several old pensions. Deferred pots from jobs you left years ago are the ones most likely to carry a nomination naming someone who is no longer in your life. They are also the ones most easily forgotten.
There is a difference between a lump sum death benefit and an ongoing survivor’s pension.
The discretionary points above apply mainly to lump sums. Ongoing survivor’s or dependant’s pensions in defined benefit schemes (the NHS, teachers, armed forces, local government, police, fire and civil service schemes, and older private final salary schemes) are usually governed by the scheme rules rather than by your nomination. Typically a legal spouse or civil partner at the date of death qualifies, an ex spouse normally does not once the divorce is final, and unmarried partners qualify only if the scheme provides for them and the conditions are met.
Two things follow. First, updating a nomination will not create a survivor’s pension for a partner where the rules do not allow one. Second, if you are the person receiving a pension share, remember that your pension credit becomes your own benefit, so you should complete a nomination on it in your own name. It is a brand new pension and it will arrive with no nomination at all.
Work through everything. It is easy to stop at the big one and forget the rest.
| What to check | Where to go | What to do |
|---|---|---|
| Current workplace pension | Employer HR or pensions team, or the scheme’s online portal | Complete a fresh nomination |
| Old workplace pensions from previous jobs | The scheme administrator named on your last statement | Complete a fresh nomination for each |
| Personal pensions, stakeholder pensions and SIPPs | The provider, usually through the online account | Update the expression of wish |
| Death in service cover | Employer. It is often a separate policy from the pension, with its own nomination | Update it separately, do not assume the pension form covers it |
| Life assurance policies you own | The insurer | Check whether the policy is written in trust and who the named beneficiaries are |
| Any pension already in payment | The scheme | Check what, if anything, remains payable on death and who is nominated |
| A pension credit you have received from a share | The receiving scheme or provider | Complete a nomination, it will not have one |
Two extra points.
Write down your reasons if the position is unusual. Most schemes let you add a short note alongside the nomination. If you want your ex spouse to receive something, for example so that money reaches young children through the person caring for them, saying so is much more effective than leaving trustees to guess.
Think about naming children directly. Paying a large sum to a young child is rarely straightforward. Take advice on whether a trust or an adult recipient makes more sense.
Can I nominate my ex spouse on purpose? Yes. Some people do, particularly where the ex is raising their children. There is nothing improper about it, and if that is your intention it is much better recorded than left ambiguous.
Will the trustees definitely follow my form? Not necessarily. They must exercise their discretion and will consider your circumstances at the date of death, including who depended on you financially. A recent, clear nomination that fits your circumstances is very likely to be followed. One that plainly no longer reflects your life invites questions.
Does this override my will? It is not a question of overriding. The two operate in different places. Your will deals with your estate. Discretionary pension death benefits are not part of your estate, so your will does not reach them. You need both documents to be up to date.
How often should I revisit it? Whenever something changes: separation, decree absolute or final order, implementation of a pension share, a new partner, remarriage, a birth, a death, a new job, or a pension transfer. A transfer to a new provider generally means a new nomination as well.
This is one of the few parts of sorting out a divorce that is quick, free and entirely within your control. It is worth an afternoon.
This page is general information about the law of England and Wales. Scheme rules vary, and the tax treatment of pension death benefits can change. It is not legal, tax or financial advice about your own circumstances.
October 2026
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