Husband Died, Pension concern here

What is the name of your state? New Jersey
My husband and I were seperated for 12 years of the 17 we were married, he told me that I would get 1/2 his pension and then signed his girlfriend of 6 years as beneficiary. I have 2 children by him who are medically needy. Where do i stand on this matter? There was no Will, and there is no Assets. I was told by my attorney that while he is married, unless i sign the rights over 9which i did not) that he is not allowed to change beneficiary, then the pension department told me that only applies to Urisa laws, concerning insurance policies. Does anyone know the statue and/or law concerning this matter?
Thanks!

I found the answer here:
The Retirement Equity Act of 1984 (REA) amended ERISA to require that survivor benefits be paid automatically to a surviving spouse upon the death of the pension participant, unless the spouse consents in writing to an alternate beneficiary. See 29 U.S.C. 1055(c)(2)(A). Because of this mandate and ERISA's antiassignment provision, a pension participant may not unilaterally designate a nonspouse survivor beneficiary during the pendency of a divorce. E.g., Lefkowitz v. Arcadia Trading Benefits Pension Plan, 996 F.2d 600 (2d Cir. 1993); Groh v. Groh, 288 N.J. Super. 321, 672 A.2d 262 (Ch. Div. 1995).

In Lefkowitz v. Arcadia Trading Benefits Pension Plan, supra, the parties were estranged and a divorce was pending when the husband died. The husband had participated in an ERISA-qualified pension and, during the pendency of the divorce, had designated his daughter as the survivor beneficiary. The Second Circuit concluded that, absent a specific and effective waiver, a surviving spouse automatically receives death benefits under an ERISA pension plan regardless of the plan participant's designation of a third-party beneficiary. The legislative history of the REA demonstrated congressional intent to ensure the mandatory application of death benefits to surviving spouses, the court reasoned.


[url]http://www.divorcesource.com/research/edj/survivor/96jul74.shtml[/url]

Great Job!

Well thank you!