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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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MY HUSBAND WAS MARRIED BEFORE GOT DIVORCE, S EX HAD APPLIED

Customer Question

MY HUSBAND WAS MARRIED BEFORE GOT DIVORCE, HIS EX HAD APPLIED FOR HIS TEAMSTERS PENSION, AT 55 BEFORE HE STARTED HIS PENSION. THE DIVORCE PAPERS SAID SHE GET 1/2 UNTIL HER DEATH WITCH ABOUT A YEAR AGO. MY HUSBAND HAS TRIED TO CONTACT THE PENSION OFFICE ABOUT GETTING HIS PENSION BACK. THEY SAID NO, BECAUSE IT WAS HER PENSION AND HE WILL NOT GET IT BACK BECAUSE IT WAS HER PENSION. THIS IS A LIE, THIS WAS HIS NOT HER'S HE WORKED SHE DIDN'T. DOES HE HAVE A CHANCE TO GET IT BACK?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under pension rules, if there is a spousal benefit paid out to another spouse, this reduces his pension amount to account for that. However, once she died, the payments to her should stop and he should get that amount again. Is that what your situation is here?
Why is the pension plan administrator arguing? Did you provide them a copy of the court order stating her payments ended at her death?