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Question about Pension release(annuity waiver) relating to marriage abroad.

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mrdlau

Junior Member
What is the name of your state (only U.S. law)? Oklahoma

I married a woman abroad, and she is in the process of the U.S immigration. At the current time, she is still abroad, is not a legal U.S resident/citizen and She has never lived in the U.S.

Also, I have not 'recorded' or 'registered' our marriage at the local court house of Oklahoma (not sure if such process exists).

I'm filling out a form to get a direct payout on my pension,and I need to pick my marital status 'based on state law.'
I also need to have my spouse fill the form waiving annuity rights since I am choosing a payout.

My question is this: since we got married abroad, she never lived in the U.S, is currently not a U.S resident, and we essentially never told any one in Oklahoma, am I still considered single or married, "by state law." At the time I was employed, I was not married and was and am listed as single.

I'm wondering if it would be ok to not have her sign the annuity waiver form. As she is not in the country, sending the form to her, getting it notarized, and then sending it back would take too long and I might miss the deadline.

thanks for your replies
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Oklahoma

I married a woman abroad, and she is in the process of the U.S immigration. At the current time, she is still abroad, is not a legal U.S resident/citizen and She has never lived in the U.S.

Also, I have not 'recorded' or 'registered' our marriage at the local court house of Oklahoma (not sure if such process exists).

I'm filling out a form to get a direct payout on my pension,and I need to pick my marital status 'based on state law.'
I also need to have my spouse fill the form waiving annuity rights since I am choosing a payout.

My question is this: since we got married abroad, she never lived in the U.S, is currently not a U.S resident, and we essentially never told any one in Oklahoma, am I still considered single or married, "by state law." At the time I was employed, I was not married and was and am listed as single.

I'm wondering if it would be ok to not have her sign the annuity waiver form. As she is not in the country, sending the form to her, getting it notarized, and then sending it back would take too long and I might miss the deadline.

thanks for your replies
All US states recognize all legal marriages that take place in any country in the world. Therefore, it is not necessary to register those marriages in the US and you are legally married as far as any US state is concerned. The exception to that is plural marriages. In that case, the US only recognizes the first one.

Therefore, you are legally married based on state law.

Whether your particular circumstances would be an exception in the eyes of the pension people or not, will remain unknown unless you ask them about it.
 

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