Legal Question in Family Law in Georgia
Change of beneficiary on divorce decree
I am getting married. My fiance has his ex wife listed as the sole beneficiary of his retirement on his Georgia divorce decree. How can he change the beneficiary to his new spouse and/or children? Can he make the change with his retirement company? Or must he change the Georgia divorce decree? If he is required to go back to court to make this change...and his ex refuses to agree with this change...what happens next? How can I protect if myself if my new husband passes away and the ex takes me to court for his benefits?
2 Answers from Attorneys
Re: Change of beneficiary on divorce decree
The advice that you were previously given by another member of this forum is sound. I would only add that if you are marrying someone with children you may wish to enter a prenuptial agreement that will protect your interests in a secure financial future. Fee free to call upon my firm in the event that you wish to pursue this.
Re: Change of beneficiary on divorce decree
A divorce is a final order of a court and the property settlement aspects of it (which include the naming of beneficiaries) can never be changed. You are not entitled to those benefits. If money concerns you, you will need for him to do something else to cover you (perhaps buy more insurance, or set up additional new retirement plans).
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