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PropertyRetirement

Pension survivor benefit — do I lose it when we divorce?

CAwillow_oak1 month ago

His pension has a survivor benefit. If I'm no longer his spouse, do I lose it?

1 reply

✓ Verified answer from a licensed attorney — shown first

Grace Mensah avatarGrace MensahVerified Attorney1 month ago

Maybe — and this is the QDRO question people miss. Most pension plans have a 'former spouse survivor annuity' option that has to be specifically elected in the QDRO. If your QDRO doesn't request the former-spouse survivor benefit, you lose it the moment the divorce is final. This is one of the most common QDRO drafting mistakes. Make sure your attorney coordinates with the QDRO drafter on this point before judgment.

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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.