QUESTION
I was divorced in 2006 in Florida... Recently I learned I was beneficiary on his pension and he passed on july 4 2013
Asked on Dec 19th, 2013 on Family Law - Florida
More details to this question:
Although I was entitled to half of his 401k/ pension due to his losing his job at the time I was not given these benefits in the divorce Recently I learned that my name appears as beneficiary on his pension... After several months of waiting for a response they say that because he was married at the time of death to someone else she is entitled to his pension...we were married for nearly 20 yrs and I was receiving permanent alimony and he was only married for 3 yrs to his last wife. I'm in a dilemna so I need some legal advice please!
1 ANSWER
If the pension was disclosed and dealt with during the divorce and not awarded to you, then it is in the nature of property and you cannot modify the agreement or final judgment to get an interest in the pension. If it was not disclosed then you maybe able to obtain some relief. You should review the situation with an attorney who can fully review the terms of your final judgment and the beneficary designation to better answer your question.
Answered on Dec 23rd, 2013 at 4:08 PM