Legal Question in Family Law in Louisiana
Diability pensions and ex-spouses
My husband and his ex-wife were married and lived in the state of la. they got divorce after 24 yrs. during this time he paid into a firefighters retirement pension. He was injured during a fire after we were married and receives a disability pension from the retirement system, is his ex-wife entitled to a portion of his disability benifits and can she be a surviving spouse, she has since remarried.
1 Answer from Attorneys
Re: Diability pensions and ex-spouses
You need to speak with the administrator of the firefighter's retirement fund and if a different person, the administrator of the disability fund, and ask them the questions you have asked here. Many times, public employees retirement systems work a little different than the private plans. Ordinarily, the ex-spouse would OWN an one-half interest in a percentage of your husband's retirement plan based on their community property regime established while living in Louisiana. I believe who is considered a surviving spouse depends on the language of the plan.
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