Legal Question in Wills and Trusts in Indiana

Re: who gets the pension?

Presumptively, upon your spouse's first dissolution when his former spouse was awarded an interest in his pension, a qualified domestic relations order was entered to set aside her one/half. Then when he remarried he was able to name his new spouse as the beneficiary on the remainder of his pension right that belonged to him (and presumably had grown due to continuing to work). You must be married at least 10 years before you can rely on the earnings of your spouse to increase the social security payment to you (beyond what your earnings would produce as a payment). If his divorce decree awarded the interest in the pension in some manner other than by a QDRO, you need to see a lawyer about that. As an aside, if he named his children as his beneficiaries after his first divorce and did not make a change in the beneficiary after his marriage to you, then the children will take the pension.