Pension and SS?

[olucy]

What is the name of your state (only U.S. law)? Texas
Current age is 61. Married in 1973 (19) and divorced in 1988 (34). Ex-husband worked for a national retailer 1972 or 73, retired about 2008 and went to work for another company for maybe 5 years. Was then "manager" of his wife's stall at local craft/antique fairs but not sure if he's still doing that or where he works now. Ex is same age as me. I may be confusing the terms: retirement and pension. I don't know if he currently receives any kind of retirement income or pension. How do I find out what he was eligible for or receives from the company he was with 1972-2008? Do I have rights to a portion of his pension? What about filing for SS under his benefits rather than mine? Any info would be helpful. Thanks

 

[Zigner]

What is the name of your state (only U.S. law)? Texas
Current age is 61. Married in 1973 (19) and divorced in 1985 (33). Ex-husband worked for a national retailer 1972 or 73, retired about 2008 and went to work for another company for maybe 5 years. Was then "manager" of his wife's stall at local craft/antique fairs but not sure if he's still doing that or where he works now. Ex is same age as me. I may be confusing the terms: retirement and pension. I don't know if he currently receives any kind of retirement income or pension. How do I find out what he was eligible for or receives from the company he was with 1972-2008? Do I have rights to a portion of his pension? What about filing for SS under his benefits rather than mine? Any info would be helpful. Thanks

Those are things you should have addressed in your divorce nearly 30 years ago. Why do you feel entitled to anything that he's earned since the divorce?

 

[olucy]

No, I'm not looking for anything outside the period we were married 1973-1988. This was a uncontested divorce (I filed) and nothing like this was even mentioned during the 1 meeting I had with the atty. 1) Recently I was told I had a right to a portion of his pension based on the length we were married. If he worked for the company from 1973-2008 (35 years) and were were married 1973-1988 (15 of those years) then I should receive a proportionate amount of his pension. 2) I was also told I could file (when the time came) for SS benefits under his name/work record which could possibly be a higher benefit that I would receive under my own work record (1985-current). Am I being told incorrectly? Any info is appreciated.

 

[OHRoadwarrior]

If he is remarried or has remarried, you are not eligible under his record. Any divorce settlement involving the pension should have been done when you divorced. If your retirement record does not meet the level of SSI payments, you could apply for the SSI supplement at 62 I believe it is.

 

[I'mTheFather]

If he is remarried or has remarried, you are not eligible under his record. Any divorce settlement involving the pension should have been done when you divorced. If your retirement record does not meet the level of SSI payments, you could apply for the SSI supplement at 62 I believe it is.

The bolded is incorrect. OP is ineligible if she has remarried.

 

[cbg]

Was a QDRO done at the time of your divorce?

If so, you are entitled to exactly what it says in the QDRO - no more, no less.

If not, then it's about 30 years too late and you are entitled to nothing from his retirement or pension plans.

 

[olucy]

Thank you. Yes, he remarried within 2-3 months. That' ok. Just wanted to know for sure.

 

[LdiJ]

Thank you. Yes, he remarried within 2-3 months. That' ok. Just wanted to know for sure.

I agree with the other advice you received but one issue was not addressed and that is Social Security Retirement Benefits. You are entitled to collect SS benefits under his credits if that would result in a higher benefit than you would get under your own credits. If you have been regularly employed its a bit unlikely that your benefits under his credits would be higher than your own, but still, its not something to ignore.

You could have been entitled to some share of his non-SSA retirement had you addressed that in your divorce, but you did not, so its a moot point.

 

[single317dad]

Some companies (GM for one) have clear language in their union contracts that addresses ex-spouses', surviving spouses', and surviving heirs' access to their pension benefits. OP should contact HR for the company paying pension benefits and find out if she is entitled to any payment.

SSA page for divorced spouse information:

http://www.ssa.gov/retire2/yourdivspouse.htm

http://www.ssa.gov/retire2/yourdivspouse.htm

 

[davew128]

Those are things you should have addressed in your divorce nearly 30 years ago.

I disagree with regards to the pension. While its true she COULD have gotten a QDRO at the time, ultimately the designation of a beneficiary to plan benefits upon the ex's death is determined by ERISA and what is indicated by the ex's choice in the plan documents. Its NOT out of the realm of possibility that its never changed in all these years.

 

[davew128]

If not, then it's about 30 years too late and you are entitled to nothing from his retirement or pension plans.

We're assuming she's not still a named beneficiary.

 

[Zigner]

We're assuming she's not still a named beneficiary.

Fair enough. However, it is much more likely than not that this WAS changed. Of course, I'm just s'posing.

 

[davew128]

Fair enough. However, it is much more likely than not that this WAS changed. Of course, I'm just s'posing.

Seeing as some high profile cases I've seen personally (including a former chief justice of the supreme court) have NOT changed the named beneficiary from a former spouse to a new spouse, I would NEVER assume this. Seriously, you would be SHOCKED at the number of people who never update beneficiaries on retirement accounts or life insurance policies to reflect changed marital status. They just...forget.

 

[cbg]

Dave, I've seen some like that as well, so I acknowledge the possibility. However, in my experience, which is considerable, more people do update than don't, particularly when there is a remarriage. And outside of a theoretical mistake on the part of her ex, which can be rectified any time prior to his death, there is no statutory right to her ex's pension or retirement plan unless there is a QDRO.