What are my rights and can I get my ex-husband’s pension plan? 14 Answers as of April 30, 2014

He died 5 years ago. I call them at that time. She said I was not eligible because he was not receiving it. He was in the process of getting it.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Stephens Gourley & Bywater | David A. Stephens
That depends on whether his pension had vested prior to this death.
Answer Applies to: Nevada
Replied: 4/30/2014
Ronald K. Nims LLC | Ronald K. Nims
There are two things that control pensions of a deceased. 1. The law requires that the surviving spouse receive at least 1/2 of the retirement benefit that the deceased would have received. 2. The deceased has the right to designate the beneficiary of his pension (as long as he/she isn't married, or the spouse waives rights). So the first thing to find out is who is the designated beneficiary of the plan. If it's not you and the beneficiary was designate before your marriage. That's it. Otherwise, you are owed and you need to hire an attorney to get your benefits.
Answer Applies to: Ohio
Replied: 4/30/2014
Law Offices of George H. Shers | George H. Shers
Since you were divorced, the divorce decree would state who is entitled to the benefit. You would have to go to an attorney with the decree and the response from the company.
Answer Applies to: California
Replied: 4/29/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Cannot answer without a review of the plan.
Answer Applies to: California
Replied: 4/29/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
You need to consult a family law lawyer for the answer you are seeking.
Answer Applies to: California
Replied: 4/29/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You need someone to review the plan and advise you. Without a copy of the plan, no one can advise you.
    Answer Applies to: Nevada
    Replied: 4/29/2014
    James Law Group
    James Law Group | Christine James
    You need an attorney to call and find out. Why have you waited 5 years?
    Answer Applies to: California
    Replied: 4/29/2014
    Frederick & Frederick PLC | James P Frederick
    No one can really tell you without more information. Pension plans vary a great deal in their terms and provisions. If you do not believe they gave you correct information, you might consult an attorney who can request the plan documents and review them for you.
    Answer Applies to: Michigan
    Replied: 4/29/2014
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    To determine whether you have any rights, you will need to consult with an attorney who specializes in pension benefits.
    Answer Applies to: Colorado
    Replied: 4/29/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    That will depend upon the terms of the pension plan. The terms of your divorce may also impact whether you are entitled to the pension. You're probably going to need to hire an attorney to help you; however, too much time may have passed by now to revive this issue.
    Answer Applies to: Nebraska
    Replied: 4/29/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    The plan and its provisions, as well as your rights from the divorce will have to be reviewed before an opinion can be formed.
    Answer Applies to: Michigan
    Replied: 4/29/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Most often, pension plans have named beneficiaries. Check to see if you were a beneficiary. If not, it is likely you may qualify for his pension if he did not re- marry, had no children, no parents or siblings, you may qualify for that part of the pension that was made while the two of you were married.
    Answer Applies to: Florida
    Replied: 4/29/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Ask the pension plan for a copy of their rules, especially relating to payments to spouses. You may need to take it a local attorney that deals with pension law. I would have to believe that if your husband was vested, something would be owing.
    Answer Applies to: Idaho
    Replied: 4/29/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If you were married at the time of your husband's death you may have rights in his pension plan. The nature of those rights depends on the terms of the plan. You need to review the terms of the Pension Plan documents, or the Summary Plan description, to determine what your rights are under the Plan.
    Answer Applies to: Illinois
    Replied: 4/29/2014
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney