Will I be able to claim my husband’s pension if I do not change my last name to my married name?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Will I be able to claim my husband’s pension if I do not change my last name to my married name?

My husband wants me to change my last name to his because he says that I wouldn’t be able to claim his pension if he dies. He also says that there are other legal implications such as in filing taxes. Is this true?

Asked on January 3, 2012 under Family Law, Arizona

Answers:

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

Answered 12 years ago | Contributor

In this day and age I would say no, it is not true.  There are no legal implications to filing taxes using your name and filing jointly as husband and wife.  That is becuase you are affirming that you are filing jointly as husband and wife when you sign the return.  You would also have your accountant prepare the taxes based upon the law applicable to a married couple.  Next, I highly dobt that you would be denied his pension becuase you use your maiden name.  The plan may ask for a copy of your marriage license.  That would be appropriate.  But legally if you were entitled to his pension as his spouse they could not keep it from you because you do not use his last name.  I think there is something else going on here.  You may want to compromise and hyphenate the names.  But that is really up to you.  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 lock Secured with SHA-256 Encryption