Ex husbands retirement

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Ex husbands retirement

My ex husband of 27 years died at the age of 52. He had remarried only for 18 months. He had a Retirement Fund with a company that he had worked at our entire marriage. Can his spouse of 18 months draw those benefits? My name was still on the retirement as spouse. This is in Kansas.

Asked on April 20, 2009 under Insurance Law, Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Under a Federal Law known as ERISA a spouse is an automatic beneficiary of a private employer sponsored pension or profit sharing plan.

When you divorced you could have negotiated or been awarded part of the plan assets, but as you didn't you have no claim on them.


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