Gordonsville, VA asked in Divorce, Estate Planning and Elder Law for Texas

Q: Texas--Elderly parents retired & divorcing. Is wife entitled to husband's defined benefit pension plan?

Husband chose single life annuity monthly payments on his pension so he is currently receiving 100% pension payments. His pension will end at his death so wife will get nothing. Can wife claim part of his monthly pension payments when divorce is completed? Or can wife claim lump sum payment based on value of pension? This is a Defined Benefit Pension Plan (not contribution plan).

2 Lawyer Answers

Terry Lynn Garrett

  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: The safest way to handle this may be to get a Qualified Domestic Relations Order as part of the divorce decree.

Tammy Lyn Wincott agrees with this answer

Tammy Lyn Wincott

  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: You need to discuss this with your divorce attorney, if not attorney, I suggest getting one. This questions really just belongs in the divorce category not estate planning or elder law.

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