Legal Question in Family Law in Massachusetts

Pension plan

My husband was married before and he has two pension plans that have his ex-wife's name on them. From what he has told me, when he passes away the monthly payments that he receives from the pension plans will go to her instead of me because he was married to her at the time of his retirement. He claims that he has written to the companies and they told him that her name (the ex-wife's) can not be replaced with my name. Is this true? I was married to him for twenty-one years and he was married to his ex-wife for fourteen years and now we have remarried. I do not know if that has a bearing on it or not but I thought that I would mention it. Thank you!


Asked on 9/14/06, 2:30 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Pension plan

It is possible. When he was divorced, the ex-wife and he probably agreed to a domestic relations order that made provision related to his retirement. What you need to do is look at the separation agreement and the order. If this is the fact, it may be that the court order fixes who and in what ration gets a portion or all of his retirement. I am also tempted to think that the ex-wife gets a partial share not the entire value, and that your husband can designate his share to you. If you would like me to assist you, contact me at my office at 978.749.3606.

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Answered on 9/14/06, 2:45 pm


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