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

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. 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.

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