Whether you are entitled to any surviving spouse benefits depends on the rules, policies and procedures of the particular Retirement Plan involved, and the specific language used in the Judgment of Divorce and the Qualified Domestic Relations Order ("QDRO") between your husband and his first wife. A good first step is for your husband to contact his Plan Administrator to assess the Plan's rules as to "dividing" or "allocating" surviving spouse benefits.
Answered on Jul 02nd, 2013 at 8:25 AM