What takes precedence the divorce settlement or a company policy?

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What takes precedence the divorce settlement or a company policy?

When I retired I was married but since then I have divorced and re-married. I have been trying to change my pension beneficiary but have been told I can not because I was married to my ex-spouse when I started drawing my pension. As part of the divorce settlement my ex-spouse agreed not to make any claims against my pension.

Asked on June 16, 2015 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The divorce settlement does not bind, obligate, or control the company or the pension administrator, since they were not part of your marriage or the divorce. They are not required to change their rules because of your settlement. You have to address with the ex-spouse: possibly she needs to return any benefits she gets to you (or to your estate, if she would get anything after you pass). Speak with a family law attorney about how best to address the situation.


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