Unless you made some special deal, the Qualified Domestic Relations Order (QDRO) would still apply. In New Jersey, re-marriage will put an end to alimony, but it will not terminate the division of assets that occurred in the prior divorce. Therefore, the division of your pension (by QDRO or otherwise) almost certainly still remains in effect.
If you need any assistance, feel free to contact me.
MARK S. GURALNICK
Verify this with a NJ attorney, but the pension is property and not spousal support. Therefore, the pension is treated just like any other property that is divided. Your ex keeps her share of the pension whether she remarries or not.
I concur with Mr. Guralnik. The division of pensions is a matter of asset distribution. It is not affected by remarriage.
The foregoing is general information and does not constituted legal advice. Individuals should consult counsel to determine how the law applies to their particular set of facts.
She still retains the benefit, although the issues are whether a QUDRO was sent to your company and the survivor benefit election.
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