Legal Question in Civil Litigation in California

My ex-husband just recently passed away, a few months prior he had told me he'd still been paying surviver benefits for me through his company, am I still intidled to these benefits even though we were divorced?


Asked on 2/15/10, 9:00 am

2 Answers from Attorneys

That would depend on the nature and terms of the plan he was paying into. If it was straight insurance and he left you as the beneficiary even though you were divorced, then you would definitely receive the benefits. If it was some kind of pension plan with survivor benefits, then you would have to look at the details of the plan and how they applie to ex-spouses. You might also have a community property interest in a pension plan if that wasn't dealt with in your divorce. Again, you'd have to have the details of the plan and the payments and your divorce judgment reviewed.

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Answered on 2/20/10, 9:49 am
James Bame San Diego Law Office

It is worth investigating the matter. Did you have a Qualified Domestic Relations Order in your Marital Settlement Agreement? Contact me directly.

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Answered on 2/20/10, 12:23 pm


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