17 Aug My ex died. Who — me, his kids or grandkids — gets his pension?

Q. My late ex-husband and I were married for more than 20 years but divorced before his death. We have two adult children and four grandchildren. He had a pension after working for more than 30 years. Am I entitled to 50% of his pension or are our children or grandchildren?
— Divorced

A. We’re sorry to hear about your ex-husband.

There are a few things to know about his pension.

Once you divorced, you lost whatever pension privilege you may have had as a spouse unless you had a special court order called a Qualified Domestic Relations Order (QDRO), said Betty Thomas, a chartered financial consultant and certified financial planner with Peapack Private Wealth Management in Summit.

A QDRO is a court issued document that usually states a dollar amount or a percentage of the retirement plan to be paid after the divorce, she said.

Thomas noted that there was a case where a Qualified Domestic Relations Order (QDRO) was issued posthumously, but this isn’t common.

She said you should consult with an attorney who should review your divorce agreement to see how the pension is treated. Depending on how much time has passed between when you and your ex-husband divorced and his time of death, you could see if filing a posthumous QDRO is a viable option for you.

“As for your adult children and grandchildren, they would not be entitled to any pension benefits,” she said. “Also, keep in mind that he may have updated the beneficiary(ies) on his plan. If so, any benefits would be payable to the beneficiary.”

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This story was originally published on Aug. 17, 2023.

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