Now that my ex has passed, how do I regain her portion of my pension? It is currently being sent to our adult daughter.
The answer to your question will largely depend upon the wording of the document that transferred a portion or your pension to your ex-wife.
In Indiana, these documents are called Qualified Domestic Relations Orders (QDRO). What these documents do is divide pensions and retirement accounts so that one spouse receives a portion of the other spouse’s pension or retirement account as part of the final divorce settlement. These documents are usually drafted by one of the party’s attorneys.
What happens to your ex-wife’s share of your pension upon her death depends largely on the wording in the QDRO that transferred her share, and the trust and estate laws in your state. I recommend having a local attorney review your case and obtaining a copy of the QDRO used for your pension from the court in which you had your divorce.
QDROs are complicated documents that need to be drafted very specifically for each case, so an attorney licensed in your state is best going to advise you on what action to take next.
Good luck to you.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”