No. In terms of pensions, spouses are not allowed to disinherit the other spouse. You would have to sign off on him to have used it. Your lawyer would have attached that asset to the settlement so the corporation would have already known there was a QDRO coming and wouldn't have released anything to him. Plus you usually can't take a lump sum payout before age 55 unless there is a special offer to do so which would also require spousal consent. So it sounds as if you'll get an annuitized portion of his pension that was accumulated during the years that you were married. It may not be nearly as much as you think as it depends on the size of his pension and how long you were married. You should be able to contact his company and ask to speak to the defined benefits department and explain that you are the spouse awaiting the final QDRO and ask them for an estimate of what you should be expected to receive at various rates. Usually you do not begin to draw until regular retirement age of 65. It will be significantly less if you take the pension early. Sometimes pensions are frozen by the corporations because they are so expensive to maintain so again, don't expect much. I have seen people that worked 30 years for a company but a pension was frozen after 10 years and they end up with $30-100/month. High earners at union companies/hospitals/police tend to have much bigger pensions. But you will probably just get a letter from the pension plan/DB group indicating that you have been awarded a QDRO from your divorce for half of your spouses pension from the date you were married until - possibly the date your divorce was final or possibly the date you filed. I wouldn't expect it to be a lot unless you had a very long term marriage and your spouse was a doctor, cop, fireman or C level executive - or a congressman. It's possible you may also be given the choice to take the payment as a lump sum and if it is a very small amount, you might be better off taking it rather than a possible $30/month for the rest of your life. If it might be more like $1,000/month for life then you are probably better off with the annuity so that it lasts your whole life and supplements your SS. Hopefully your lawyer explained that if you were married longer than 10 years and you do not remarry before age 60, you can also get half of your ex-spouse's SS once he claims without it affecting him (you have to be full retirement age though or you take a penalty). Then if he dies and he made more than you - you can "step up" to his full rate as can his new spouse should he have one. However if you remarry before age 60, you lose that ability to claim based on his earning's record. That assumes that he earned more than you.
· 7 months ago