QUESTION
WHat happens to pension if alternaate payee passes away before any retirement
Asked on Jun 04th, 2025 on Divorce - South Carolina
More details to this question:
QDRO placed on my pension. It states that if she passes before any benefits are paid her portion is forfeited. I think i am the owner of the fund and that the entire pension is no mine. They claim forfeited means her just does not get paid out and just dissapears. not sur eif i have leagal ground to claim that money?
1 ANSWER
Qualified Domestic Relations Order (QDRO) Attorney serving Stockton, IL
Partner at
Petersen Law and QDROs LLC
Hello. It sounds like the QDRO says if she dies, the payment to her ceases and is not revert back to being paid to you instead. It depends on your pension whether they allow anything other than that. Some pensions allow a choice and it should state it reverts back to you if she dies - but some do not have that option. Ask your pension plan if they offer that option - for the payments to revert back to you if she dies before you. If so, you can have an Amended QDRO drafted and ask the court to enter it and then you can send it to the plan (a certified copy) so you get the payments if she dies. There is no change to her payments and there is no harm in that change so I would think the court would approve it.
Answered on Jun 09th, 2025 at 7:28 AM