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?

UPDATED: Dec 31, 2011

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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


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

Answered 11 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.  

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