If I was granted a portion of my former husband’s pension but I will not get it until after he dies, can I change that?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I was granted a portion of my former husband’s pension but I will not get it until after he dies, can I change that?

I was divorced 17 years ago. In the divorce I was granted a portion (14%) of my former husband’s pension when he retires. He retired last month from and I was sent paperwork to confirm my portion. He selected the option so when he dies I will no longer receive monthly payments. He is much older then me (I am currently 45 and he is 64) so when I am older and really need the money I will not be getting any because he will have already died. So I want to know if I have any kind of legal standing to get it changed so I will continue receiving my portion?

Asked on December 31, 2011 under Family Law, New Mexico

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You really need to take the original agreement as to the settlement and the paperwork that you received from his pension administrator to some one in your area to read on your behalf.   The intent of the original settlement will come in to play as will the interpretation of the benefits package.  It certainly does seem as if he does not wish for you to inherit anything from him after he goes but it may be that he wishes to receive the maximum benefit while he is alive and collecting the pension.  You may just have to do some very serious saving over the years that he is alive and that you are collecting to insure that you will have income in your old age as well. Good luck.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption