If my ex-husband died and on our divorce papers state that I am to receive 50% of his pension, what do I need to do to receive the pension.

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If my ex-husband died and on our divorce papers state that I am to receive 50% of his pension, what do I need to do to receive the pension.

Entitled to 50% at time of divorce.

Asked on April 16, 2012 under Family Law, New York

Answers:

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

Answered 9 years ago | Contributor

I am so sorry.  I am assuming that there was a QDRO, which is an order that recognizes you as an alternate payees on the pension's right to receive benefits.  One of your lawyers should have done one.  That should give you a right to make a claim on the estate.  Please seek legal help here.  Good luck. 


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