With pension plans and spousal support what happens if ex spouse dies? Should I assume pension payouts continue to me monthly?

Asked over 1 year ago - Petaluma, CA

Should something be stipulated in a settlement statement or at settlement conference in case ex spouse is deceased how any payout determined should be handled?

Attorney answers (1)

  1. Gregory Paul Benton

    Contributor Level 20

    Answered . If there has been no divorce, then the pension plans will be paid as per the pension plan agreements. If there has already been a divorce, then the pension plan should have been made a part of the divorce and you would have gotten our CP share. The pension plan should have been "joined" as part of the divorce. If not, then you need to get that done correctly and I suggest that you see an attorney to help you straighten out a potential mess.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce and retirement accounts

If one spouse in a divorce has a retirement plan, it may be split between the parties. How the plan is split depends on its type and value.

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