02 Aug Am I entitled to my ex’s pension after he dies?

Q. If my ex-spouse didn’t want me to have anything for our divorce agreement, am I entitled to his pension because of his passing?
— Divorced

A. We’re sorry that you had a contentious divorce.

Getting a former spouse’s pension is not automatic.

Whether or not you are entitled to your former spouse’s pension would be dictated by your marital settlement agreement, said Jeralyn Lawrence, a family law attorney with Lawrence Law in Watchung.

She said you should refer to the provisions of that agreement and what was agreed upon at the time of the divorce.

“Was the pension to be distributed? Did you waive your right to the pension? Pensions are often a very valuable asset that is subject to equitable distribution if it was acquired or accumulated during the marriage,” Lawrence said. “If it was not addressed or allocated for in the divorce agreement, reach out to the plan administrator of the pension and find out what the rules are as to the allocation of the pension to a former spouse.”

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This story was originally published in July 2024.

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