QUESTION

Do I have legal rights to some of his pension if I am not divorced and he has retired?

Asked on Jul 20th, 2014 on Estate Planning - North Carolina
More details to this question:
He did not tell me he was retiring and may have forged my name.
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1 ANSWER

I assume you are referring to your husband. Some companies require the spouse (you) to sign off on certain pension elections such as the election to forego a reduced death benefit for a surviving spouse. I cannot tell from your question if you are separated. If you are separated, then you need to get to a family law attorney as soon as possible. I believe that some payment elections made at the time of retirement can be modified within a relatively short period of time after leaving your employment, others are non-modifiable. If he forged your name, then hopefully you will have a remedy. Either way, it sounds like you need to see a family law attorney. To hopefully answer your question, if he (lawfully) elected to receive a full pension with no survivor benefits, then you will get nothing at his death. But, you do have rights upon separation and divorce which often differ from your rights at death.
Answered on Jul 21st, 2014 at 10:40 AM

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