06 May How do I claim my deceased ex’s pension?

Q. How do I go about claiming my now deceased ex-husband’s pension funds? I still have a minor child in the house.
— Single now

A. We’re sorry to hear about your ex.

You’re going to have to go back to your divorce agreement to get the answer to your question.

In order to be able to claim the pension of a deceased ex-spouse, you need to have been awarded a portion of the pension at the time of divorce, and it should have clearly been spelled out in your marital settlement agreement, said Jody D’Agostini, a certified financial planner with The Falcon Financial Group in Morristown.

She said the pension should have been addressed in what’s called a QDRO, which is short for Qualified Domestic Relations Order. This, at the time, would have entitled you to a marital portion of the pension, she said.

“You would then have your own interest in the pension and can claim the pension by contacting the company where your husband earned the pension,” she said. “If the QDRO was never filed, you may have to forfeit the portion that you were entitled to.”

D’Agostini said you should start the process with the employee benefits department at your ex-husband’s place of work.

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This story was originally published in May 2024.

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