Legal Question in Wills and Trusts in Ohio

First wife benefits from PERS of Ohio

My ex husband received benefits from the Ohio Retirement System, PERS. We divorced and he remarried. He is deceased, Nov. 1999. Our divorced agreement does not say anything about his retirement plan he started when we were married for 20 years. Who gets his retirement money since he died, first wife or second wife? I just read that the first spouse gets it? Is there an Ohio law that determines this?

Thank you


Asked on 8/26/05, 2:46 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: First wife benefits from PERS of Ohio

If the retirement benefits are not covered in the divorce judgment entry, then it depends on who was named beneficiary by him in the plan itself. If there is no beneficiary, then it passes via the will, or the statutes of intestate succession. If 1st wife is not beneficiary, then she is entitled to nothing.

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Answered on 8/26/05, 2:58 pm


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