QUESTION

Am I eligible for my husband's pension?

Asked on Feb 12th, 2013 on Divorce - Texas
More details to this question:
I was married to my first husband for 25 years and in 2002 he died of cancer I remarried after eight years and I was wondering if I am still eligible for my first husband work pension.
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10 ANSWERS

You might be. It will depend on the underlying rules of the pension, and whether he arranged for the pension to be paid to you after his death. Contact the trustees of the pension fund, or the human resources office of his employer to get started.
Answered on Feb 15th, 2013 at 6:05 AM

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It depends upon the terms of the pension. Contact the company immediately .
Answered on Feb 14th, 2013 at 9:05 AM

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Family Law Attorney serving Johns Creek, GA
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I would contact the Plan Administrator for your prior Husband's Pension. Every Pension has their own set of rules. As a general rule, however, if your Husband did not elect to create a 'separate estate' for you under his Pension (there would have been a cost for this), then his Pension would have died with him. Pensions do not operate like 401k's.
Answered on Feb 13th, 2013 at 3:31 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Probablyyou need to investigate and try contacting his old work.
Answered on Feb 13th, 2013 at 3:30 PM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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You don't give enough information to attempt an answer. The best way to get an answer would be to contact the pension plan administrator of your first husband's plan. Generally, the answer will probably depend on whether or not you were ever eligible for anything, why you were eligible, whether you ever received anything and why it stopped, if that is what happened.
Answered on Feb 13th, 2013 at 10:17 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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That will be determined by the terms of his pension program and cannot be answered as a matter of law. You should hire an attorney to look into the matter for you is you cannot get the information, or only unsatisfying answers from his former employer or pension fund.
Answered on Feb 13th, 2013 at 10:16 AM

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John Arthur Smitten
Perhaps since you were married to him. You have to contact his employer.
Answered on Feb 13th, 2013 at 10:16 AM

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Family Law Attorney serving Redford, MI at Keenan & Austin, P.C.
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It depends on what your Judgment of Divorce states with regard to his pension. You should take the Judgment of Divorce and any information you have on his pension to an attorney to review and advise you. Best of luck to you.
Answered on Feb 13th, 2013 at 10:15 AM

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You should be eligible for his pension. He may have named you as the beneficiary. Contact the pension administrator.
Answered on Feb 13th, 2013 at 10:15 AM

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There are too many variables to give you a definite answer to your question. You should take the following steps: 1) read the decree concerning the division of property, if the order allocated a portion of the pension to you, then you should be entitled to that part of the pension, 2) if the decree awarded all of the pension to him, you are not entitled to any of it, 3) if there is no mention of the pension or retirement benefits in the decree, you may or may not be entitled to it based upon when and how the benefits were acquired, 4) contact the plan administrator to ask if you were named as the beneficiary of the plan or the plan provided for survivor benefits or whether some distribution of the benefits has already been made. I suggest you hire a lawyer.
Answered on Feb 13th, 2013 at 10:14 AM

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