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Qualified Domestic Relations Order

Q&A: Rules about a dead ex’s pension

July 22, 2019 By Liz Weston

Dear Liz: My ex-spouse passed away recently. She had a pension, and I got 25% of the monthly amount (we had a Qualified Domestic Relations Order to divide the pension). I am now the survivor, but I still get the same amount every month. Shouldn’t I be getting what she received?

Answer: Pensions for survivors don’t always increase when the primary worker dies, and sometimes they go away entirely.

That makes them different from Social Security, where a surviving spouse would get the larger of the two checks a couple received. A qualifying divorced spouse may also qualify to get a Social Security check equal to what the deceased was getting.

What happens to the pension probably depends on the details of your QDRO. Pension companies don’t always give survivors accurate information, so check with your lawyer to see what is supposed to happen according to your agreement.

Filed Under: Divorce & Money, Q&A, Retirement Tagged With: Divorce, Pension, q&a, Qualified Domestic Relations Order

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