QUESTION

are there any circumstances where a former spouse is allowed to continue receiving retirement benefits after the death of the retiree?

Asked on Jul 07th, 2017 on Divorce - South Carolina
More details to this question:
My divorce was final in 1996 and the attorney assured me that it and the qualified domestic order were such that my retirement payments did not stop at his death. He passed away. My payment stopped. Thank you in advance for your reply.
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1 ANSWER

Criminal Law Attorney serving Moncks Corner, SC
2 Awards
A detailed review of the QDRO, the divorce decree, the pension plan, and any elections made by employee prior to entry of the QDRO would be required to provide any definitive information on this topic.  Pension plans are contracts between the employee and employer.  Consider the following... The QDRO cannot require more from the employer than is provided for in the contract between employee and employer.  In addition  The QDRO re-directs, re-distributes, or apportions payment to the non-employee spouse while placing the non-employee spouse in the shoes of the employee from a tax standpoint. The QDRO may not have been "implemented" correctly by plan. The employee may have made elections for survivor benefits prior to the entry of the QDRO that could not be amended. Errors in drafting, implementation, or distribution could exist. Again, a detailed review of the QDRO, divorce decree, the pension plan, and any elections made by employee prior to entry of the QDRO would be required to provide any definitive information on this topic.   Christopher P. Biering bieringlaw.com
Answered on Jul 11th, 2017 at 4:15 AM

Christopher P. Biering, Esquire Biering Law Firm, PC www.bieringlaw.com

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