Widows State Pension.

TrotterDel said:
Also when I say remain married I meant in the eyes of the law.
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You can't be both legally separated and remain married.

Your posts are confusing.

Inheritance and SW payments are two different things.

Try another post in the correct forum.
 
DannyBoyD said:
You can't be both legally separated and remain married.
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A couple who have obtained a judicial separation are still married in law.

Separation

www.legalaidboard.ie www.legalaidboard.ie
Either way you are still legally married after a legal separation and cannot get remarried unless you have obtained a divorce at a future date.
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Only divorce (or a legal annulment I think - but not a church one) extinguishes the married status.
 
TrotterDel said:
My understanding of a legal separation is that we have decided to live separate lives as independent people and be responsible for our own bills housing etc going forward - in our case everything was devided 50/50 however we still remain married and the benefits that come with that remain in force for my ex ie state pension inheritance etc.
I should say also I have no intention of getting married again.

TD.
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My understanding is that if divorced and you had right to widow/er pension had you remained married, you would still be eligible for it.
Interesting question about revenue though.. would same rules apply if married vs legally separated vs divorced?
Say theres life insurance policy with both names , couple divorced could person be liable to revenue?
 
TrotterDel said:
I think they where very clear and all relevant to people who understand the legal system.

TD.
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it's not - you are looking for information on two different things.

One is in relation to a SW payment
One is in relation to inheritance with a sub topic of separation agreements.

If you want legal advice - go to a Solicitor and pay for it.
 
dubdub123 said:
Interesting question about revenue though.. would same rules apply if married vs legally separated vs divorced?
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Divorce changes everything. Until a final decree of divorce, assets can be transferred between separated spouses exempt from CAT.

dubdub123 said:
Say theres life insurance policy with both names , couple divorced could person be liable to revenue?
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You're asking a very very specific question that gets complicated based on specific circumstances. Is this a real scenario?
At a really high level, but you need professional legal & tax advice;
Did you get a Financial Compensation Order as part of the divorce, compelling your ex to maintain the insurance policy in your favour? If there is an FCO in place, and your ex dies before you, then you receive the payout free from CAT. If you remarry, the FCO falls away.
However, if there is no FCO in place, then the payout is subject to CAT.
 
DannyBoyD said:
it's not - you are looking for information on two different things.

One is in relation to a SW payment
One is in relation to inheritance with a sub topic of separation agreements.

If you want legal advice - go to a Solicitor and pay for it.
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I don't agree with you - both are related to me predeceasing my ex wife. Yes one is a social welfare question and one a tax question . Other information was provided as background information to help those with knowledge provide an accurate answer.
TD.
 
I have thanks & hope it helps others. Legal separation provides you ex with a lot of benefits that divorce eliminates which in my case is what I wanted.
 
RedOnion said:
Divorce changes everything. Until a final decree of divorce, assets can be transferred between separated spouses exempt from CAT.


You're asking a very very specific question that gets complicated based on specific circumstances. Is this a real scenario?
At a really high level, but you need professional legal & tax advice;
Did you get a Financial Compensation Order as part of the divorce, compelling your ex to maintain the insurance policy in your favour? If there is an FCO in place, and your ex dies before you, then you receive the payout free from CAT. If you remarry, the FCO falls away.
However, if there is no FCO in place, then the payout is subject to CAT.
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I wasnt made aware of Financial Compensation Order at the time of divorce so that is not in place as far as im aware. Its a real life scenario. At the time of divorce there was a mortgage protection policy and an old life insurance policy in place (both policies joint names). Out of really not knowjng what to do and to have some safety net for the kids, I continued to pay these and Im still paying today. I need to get updstes values but the higher one is worth arkund 150k and decreasing. Any idea if I would have to pay tax , even if im olicy holder? I actually never thought about this.
 
TrotterDel said:
I have thanks & hope it helps others. Legal separation provides you ex with a lot of benefits that divorce eliminates which in my case is what I wanted.
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What are the benefits is it different rate of CAT? Is there anything else that youre aware of?
Im divorced myself but wasnt aware of some of these areas.
 
dubdub123 said:
Any idea if I would have to pay tax , even if im olicy holder? I actually never thought about this.
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Its a very niche area, beyond my comfort zone.

For tax, once you finalised divorce, your ex is a 'stranger' in the eyes of tax legislation. So if he has a policy for your benefit, any payout would be taxable. But it might be different if you are the one paying the policy. I just don't know.

You need to make sure the policy is valid. From the life insurers perspective, you may no longer have an insurable interest in your ex's life. Your ex can insure his life for your benefit, but I don't know if you can insure his. I don't know what the practice is here in this regard, but I think some insurers can 'split' a dual life into 2 separate single life policies following divorce.
 
RedOnion said:
Its a very niche area, beyond my comfort zone.

For tax, once you finalised divorce, your ex is a 'stranger' in the eyes of tax legislation. So if he has a policy for your benefit, any payout would be taxable. But it might be different if you are the one paying the policy. I just don't know.

You need to make sure the policy is valid. From the life insurers perspective, you may no longer have an insurable interest in your ex's life. Your ex can insure his life for your benefit, but I don't know if you can insure his. I don't know what the practice is here in this regard, but I think some insurers can 'split' a dual life into 2 separate single life policies following divorce.
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Ok thank you, I should probably make sure its all still valid as ive been paying for yesrs now at this stage and i had met with one rep who knew id been divorced. Ill look into all this when i have bit more headspace. Thanks
 
TrotterDel said:
I don't agree with you - both are related to me predeceasing my ex wife. Yes one is a social welfare question and one a tax question . Other information was provided as background information to help those with knowledge provide an accurate answer.
TD.
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We can’t speculate about shares, house prices on this site, I’m just curious why do you assume you will pass away before your ex-wife?
 
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