Full question:
Married for 18 years and then divorced . Husband had 15 years retirement benefits from . During our marriage. I did not receive any portion due to bad attorney advice. He has recently passed away and there is no spouse living. Am I entitled to this retirement benefits?
- Category: Wills and Estates
- Subcategory: Stepchildren
- Date:
- State: Washington
Answer:
Typically, upon the death of the divorced spouse, all withholdings mandated under a matrimonial order cease. In those retirement systems that permit a member to select a survivor's benefit option at the time of retirement (i.e., PERS, TPAF), court ordered withholding terminates upon the death of the retirant; but, if the divorced spouse is designated the beneficiary under the survivor's option, the surviving divorced spouse is then entitled to the survivor's benefit in their own right for as long as s/he lives. If another person is designated beneficiary of the survivor's benefit, the divorced spouse cannot receive any equitable distributions from the survivor's benefit paid to that other person.
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