Death in Service
& Divorce
How Police Survivor Benefits Are Treated After Separation (UK 2026)
Snippet Definition
What Happens to Police Death-in-Service
Benefits After Divorce?
In the UK, divorce normally removes an ex-spouse’s automatic entitlement to police death-in-service benefits. Survivor pensions and lump-sum death grants are usually payable to a current spouse, civil partner, or nominated beneficiary under Police Pension Regulations. However, pension sharing orders and nomination forms may alter outcomes.
Section 01
The Legal Basis
Survivor benefits for police officers are statutory entitlements governed by the various Police Pension Regulations and UK family law.
- Police Pension Regulations 1987: The legacy framework with specific (and sometimes restrictive) survivor rules.
- Police Pension Regulations 2006: The intermediate scheme with modernized partner definitions.
- Police Pension Regulations 2015: The current CARE scheme where most active officers now reside.
- Matrimonial Causes Act 1973: Governs how these assets are treated during the division of property.
- Nomination Forms: The formal mechanism for expressing a 'wish' for the distribution of death grants.
Authority Context
Survivor benefits are designed to provide financial security to the dependants of a deceased officer. Upon divorce, the law assumes a clean break unless a specific court order states otherwise. This means the automatic right to a 'widow's' or 'widower's' pension effectively dies with the final divorce order.
Defining Benefits
| Benefit Type | In-Service Death | Post-Retirement |
|---|---|---|
| Lump Sum Death Grant | Yes | Usually No* |
| Survivor Pension | Yes | Yes |
| Children's Pension | Yes | Yes |
| Injury Survivor Award | If applicable | Subject to rules |
*Post-retirement death grants are typically only payable if death occurs within 5 years of retirement.
Does an Ex-Spouse Keep Rights?
The moment the Final Order (formerly Decree Absolute) is issued, the ex-spouse is no longer a 'dependant' in the eyes of the Police Pension Regulations.
Termination of Rights
- • Automatic Cessation: Rights to a survivor pension normally end immediately.
- • Shared Assets: While the 'pension sharing' might have happened, it creates a new benefit for the ex, rather than preserving the old survivor right.
- • Remarriage: If the ex-spouse remarry, any lingering attachments usually dissolve.
| Myth "My ex automatically keeps my survivor rights because we were married for 20 years." | Reality Divorce normally extinguishes automatic entitlement unless a specific 'Attachment Order' is in place. |
Pension Sharing & Survivor Rights
When a Pension Sharing Order (PSO) is implemented, the ex-spouse becomes a 'Pension Credit Member'. This means they have their own independent pension within the police scheme.
Crucially, a Pension Credit Member does not usually receive survivor benefits if the original officer dies. They have their own pension which is payable for their life only.
McCloud Implications
Under the McCloud/Sargeant remedy, the baseline for pension sharing may be adjusted. This affects the size of the pension credit and, by extension, the residual survivor benefits available for your future/new family.
The Power of Nomination
Expression of Wish
This dictates who you *want* to receive the lump sum death grant. While the manager has discretion, the form is the primary evidence of your intent.
Cohabiting Partners
To receive a survivor pension without marriage, you MUST often complete a specific partner declaration form to ensure eligibility in the 2006/2015 schemes.
Post-Divorce Reset
Leaving an ex-spouse on your nomination form after divorce creates a 'competing claim' scenario that can freeze payments for months.
Alert: Update your nomination forms immediately after the final order is issued.
Death Grant Priority
The death grant is a one-off tax-free payment. In the 2015 scheme, this is typically three times your final pay.
1. Nominated Beneficiary: Highest priority.
2. Spouse / Partner: Next priority if no nomination exists.
3. Legal Personal Representative: Final recourse (establishes the estate).
Officer A divorces, moves in with Partner B. A year later, A dies. The nomination form still lists the ex-spouse. The scheme manager must now decide whether to follow the form or pay the cohabiting partner. This often ends in ombudsman disputes.
Remarriage & New Partners
When you remarry, your new spouse becomes the primary beneficiary. However, the legacy 1987 scheme rules still cast a shadow: until recently, survivor pensions were stopped if a widow or widower remarried or cohabited.
Modern Schemes
Pensions are for life. Remarriage does not stop payments to a survivor.
1987 Scheme
Complex variations on 'remarriage' apply depending on duty-related status.
Children's Entitlements
Children's pensions are paid regardless of whether you were married to the second parent.
- • Active Payment: Usually until age 18.
- • Education: Extends to age 23 if in full-time study.
- • Calculation: Typically a percentage of the total officer pension.
In many forces, the child's pension is paid directly to the surviving parent as trustee for the child. Divorce does not alter this specific calculation.
Injury Awards & Service Death
If an officer dies as a result of an injury received on duty, the survivor may also be eligible for benefits under the Police (Injury Benefit) Regulations. This is separate from the standard pension and is often referred to as a 'widow's special pension'.
Regulatory Rule: Special pensions for injury-related deaths are usually higher than standard survivor pensions. Like standard benefits, eligibility for an ex-spouse ends upon divorce.
Survivor Benefit Risk Snapshot
Modelling Entitlement Risk Under Police Regulations
Pension Sharing Order?
Does a PSO exist against this pension?
Entitlement Basis
Risk Indicator
High CONFLICT RISK
Regulatory Note
Nomination update required to ensure benefits reach intended dependants.
Disclaimer: This snapshot is for illustrative purposes only. Entitlement depends on scheme rules, discretionary decisions by managers, and specific legal orders.
Strategic Risks
Zale Rules
Outdated nominations allowing benefits to go to an estranged ex-spouse.
Cohabitation Failure
Forgetting to register a new partner formally with the force.
PSO Dilution
Not realizing how much a previous divorce share reduced current survivor rights.
McCloud Errors
Incorrect scheme data leading to underpaid survivor pensions.
Adult Children Conflict
Disputes between children from a first marriage and a second spouse.
Attachment Orders
Failing to realize an attachment order dies with the officer.
Common FAQs
Does my ex-wife get my police pension if I die?
Normally, no. Automatic survivor entitlement for an ex-spouse ceases upon the final divorce order (Decree Absolute). However, if your ex-spouse has a Pension Sharing Order, they have an independent pension credit. If they have an Attachment Order, they may receive a portion of the pension while you are alive, but this usually stops upon your death unless specifically ordered otherwise.
Who receives police death-in-service benefits after divorce?
Benefits are usually paid to a current spouse or civil partner. In their absence, a nominated cohabiting partner or the person named on your 'Expression of Wish' form for the lump sum death grant may receive them. If no nomination exists, the scheme manager has discretion, often looking to children or the legal personal representative.
Can a pension sharing order affect survivor benefits?
Yes. A Pension Sharing Order reduces the overall value of your pension. This reduction (pension debit) also reduces the value of the survivor pension payable to a future partner, as the survivor benefit is usually calculated as a percentage of your remaining pension at the date of death.
Do I need to update nomination forms after divorce?
Absolutely. Failure to update your Expression of Wish (death grant) and nomination forms after divorce is one of the most common causes of legal disputes. While divorce cancels the automatic legal right of a spouse, an outdated form might still lead the scheme manager to consider the ex-spouse or create delays in payment.
What if I remarry?
If you remarry, your new spouse becomes automatically eligible for a survivor's pension under the 2006 and 2015 schemes. Under the 1987 scheme, remarriage rules are more restrictive—survivor pensions were historically stopped upon remarriage, though recent legal changes have altered this for those who were active after April 2015.
Can children claim survivor pensions?
Yes. Eligible children (usually under 18, or up to 23 if in full-time education) are entitled to a child's survivor pension. This entitlement is independent of the marital status of the parents at the time of death.
Are cohabiting partners eligible?
Under the 2006 and 2015 schemes, cohabiting partners are eligible if they meet specific criteria, including living together for at least two years and being financially interdependent. You should always complete a nomination form to declare a cohabiting partner.
Does death after retirement change entitlement?
Entitlement for a survivor's pension remains, but the 'lump sum death grant' is usually only payable if death occurs within a specific period after retirement (often 5 years) or during active service. Once retired, the primary benefit is the recurring survivor pension.
Related Resources
This guide is a core component of the Family & Financial Law Hub. For more on asset division, explore our guide to Divorcing a Police Officer. For retirement modeling, use the Police Pension Calculator or view the Pay & Allowances Hub.
Disclaimer: This guide is provided for informational purposes only and does not constitute legal or financial advice. Police pension regulations are subject to legislative change. Always consult with your force pension administrator or a qualified family lawyer.