Abingdon, MD asked in Family Law for Maryland

Q: Ex-husband died recently. Had been married for 30 years. Am I entitled to any of his life/ins. or pen? I was not a bene.

There was nothing included in the divorce decree about life insurance or pension benefits. There are two adult children.

Related Topics:
1 Lawyer Answer

A: Upon divorce, your rights under any existing will would have terminated. While Maryland does not have a law in place that automatically terminates an ex-spouse's designation as a beneficiary under a life insurance policy, some states have such laws (New York, e.g.), so if your divorce was obtained in one of those states, that is a possible result. However, once divorced, your ex-spouse can change all the beneficiary designations to name someone else, but if he left you on the life insurance as a beneficiary, then you would receive the distribution. As for pensions, the time to have addressed your interest in the pension was before, not after, the gavel came down on your divorce. You had a marital interest, and a pension order could have been issued to award you a marital share of the pension. You will need to review your divorce decree and any property settlement agreement to determine what, if any, pension benefits were awarded. If none, then unless your ex voluntarily kept you on as a named beneficiary or provided for a survivor annuity without you knowing it, then you will have no claim. On the other hand, if you were awarded an interest in his pension, by court decree or by agreement incorporated into the decree, you may still have time to return to court to obtain the necessary pension order to serve on the plan administrator of the pension to secure your benefits.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.