QUESTION
If I am divorce, do I still get his benefits if he is deceased?
Asked on Jul 19th, 2013 on Estate Planning - California
More details to this question:
My ex husband was a mail carrier. Before he retired, he signed me up for the widows benefits and they told him he can not change it. So if he is deceased, can I still received his retirement benefits if he never got married again?
8 ANSWERS
Thomas Edward Gates
Normally, you would not qualify. However, if the PS said that he could not change beneficiary, you may qualify under their rules. Does not hurt to apply for them.
Answered on Jul 26th, 2013 at 1:27 AM
2 Awards
Potentially, contact the pension plan.
Answered on Jul 26th, 2013 at 1:27 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Possibly. The divorce judgment should have addressed this, but if it didn't, and he didn't change his pension information, then possibly.
Answered on Jul 26th, 2013 at 1:27 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You should contact the postal service and give them the information about your ex-husband. They will give you the details about your benefits.
Answered on Jul 26th, 2013 at 1:27 AM
This question will depend on the rules governing that pension and the state your ex-husband was living in when he died. You can contact the Pension Benefits office for the Postal Service for more information.
Answered on Jul 26th, 2013 at 1:27 AM
3 Awards
So long as you are named as his beneficiary, or it is included in a QDRO with your divorce decree. Many times, people who are no longer married once they are in distribution status elect to take the payments based upon their life only. So contact the plan administrator to see if you are in fact listed as a beneficiary. If not, pull your divorce decree and property settlement agreement. You may wish to seek legal counsel to advise you.
Answered on Jul 26th, 2013 at 1:27 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to inquire of the human relations office of the USPS, as their rules are imposed in this type of situation.
Answered on Jul 22nd, 2013 at 2:46 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes. Of course, if someone challenges this, you may still need to hire an attorney to defend your rights.
Answered on Jul 22nd, 2013 at 2:46 PM