If my dad passed away and his ex-wife who re-married is now trying to get his pension, is she entitled to it?

My dad passed away a year ago. He divorced his 2nd wife over 25 years ago. He retired from his job 10 years ago.

Asked on March 1, 2012 under Family Law, New Hampshire


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not your father's former wife who he divorced 25 plus years ago is entitled to his pension depends upon several factors as follows:

1. what does the divorce degree between them state?

2. who is the designated beneficiary of your father's pension at the time of his death?

3. is the former wife named as a beneficiary under your father's will or trust at the time of his death?

Answering these questions will lead you to the right answer as to whether your father's former wife is entitled to his pension or not upon his passing.

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