Q: Does an ex-wife still qualify for pension money after ex-husband's passing according to divorce decree?
My husband just passed away. In his divorce decree, his ex-wife was awarded pension money. There is no specific mention in the decree about any changes to this entitlement upon his passing. Does his ex-wife still qualify for that pension money under these circumstances?
A:
The divorce Judgment and the pension plan rules are going to dictate the rights of the ex-wife. There is really no way to tell without reading both. Generally in a divorce, a pension payment is a division of property. This is different than a maintenance (alimony) payment that terminates at the death of a party. A pension division could be a separate interest award that IS NOT dependent on the life of the participant (your husband). A pension division could also be a shared interest award that IS dependent on the life of the participant (your husband). There are also some obscure pensions that will not accept a division order at all and we have to get more creative when drafting the language to divide a pension benefit, which can affect when and how it can be received. And then there is another issue with the possibility of an award of survivor benefits. Without reading the legal documents it is really impossible to know.
Please accept my condolences for the loss of your husband.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
