What's the name of that spousal pension law?

susie100July 7, 2009

Hope this is the right forum to ask this question; asked on the Retirement board but no answer yet. Anyway, does anyone know the name of the federal law stating that a divorced spouse is entitled to part of ex's pension? If anyone does, do you know of an online site where I could read the entire thing? Thank you.

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No federal law will state this. And divorce is a state matter, not federal. Whether a divorced spouse is entitled to nothing, a little, or a lot from other spouses pension -- whether gov't or private in origin -- is determined on a case-by-case basis by the court. The consideration is very, very common and I have zero doubt that there is ample local case law citing circumstances exactly like yours. The answer you seek will be found via that kind of research.

However, different situations have resulted in very different outcomes. I assume you will want answers relating to your specific situation. This is easy enough research, but even if you find the applicable case law you won't know what you're dealing with. The topic is that complicated. Suggest describing your specific situation to divorce attorney and listen to what they say.

    Bookmark   July 7, 2009 at 10:07AM
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In the US if you have been married at least ten years, and not remarried after divorce, you can collect on your ex husbands Social Security..Any private pension would most likely be part of your divorce settlement, a portion given to you, or given up in exchange for other financial benefits to you, as in maybe you keep the house, he keeps his pension...What do your divorce papers say re pension? Look up Social Security website, if you re out of the US, I m clueless...(And see your atty)

    Bookmark   July 8, 2009 at 10:46AM
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There is no such law. I get the full pension my husband drew, but only because he signed it over to me and lost $125. a month to do it.

    Bookmark   July 8, 2009 at 4:14PM
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are you talking about the ERISA section that requires joint and survivor payments for defined benefit plans?

ERISA 205 29 USC 1055 Requirement of joint and survivor annuity and preretirement survivor annuity.
(a) Required contents for applicable plans.
(b) Applicable plans.
(c) Plans meeting requirements of section.
(d) "Qualified joint and survivor annuity" defined.
(e) "Qualified preretirement survivor annuity" defined.
(f) Marriage requirements for plan.
(g) Distribution of present value of annuity; written consent; determination of present value.
(h) Definitions.
(i) Increased costs from providing annuity.
(j) Use of participant's accrued benefit as security for loan as not preventing distribution.
(k) Spousal consent.
(l) Regulations; consultation of Secretary of the Treasury with Secretary of Labor.

    Bookmark   July 12, 2009 at 1:57PM
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