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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15742
Experience:  Licensed Texas General Practice Attorney
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I was living with a police officer in Hialeah FL for 13

Customer Question

I was living with a police officer in Hialeah FL for 13 years but didn't get married. He died and want to know if iam eligible to get his pension as we were not married
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time, I don't know if it was a union. He was a full time police officer
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't know. It has been six months and don't know what else to ask
Submitted: 14 days ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 14 days ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation, and my condolences on your loss. Typically a spouse has beneficiary rights to a pension, as the spouse is related to the recipient of the pension. Florida does not have common law marriage, and if you're not formally married to the person (or at least entered into a legal common law marriage with this person in another state prior to moving to Florida) then you wouldn't be considered a spouse. In that instance, the only claim that you would have to his pension would be if you were actually named as the beneficiary by him on the pension plan. If you were not named, then I'm sorry to say that you would have no claim whatsoever to the pension. This is even if it's true that you were living with him, in a romantic relationship, long term, considered yourself to be common law, etc... Only if you were his spouse or named as the beneficiary on the plan would you have a right to it.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 14 days ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 10 days ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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Expert:  ScottyMacEsq replied 9 days ago.

Did you have any other questions before you rate this answer?

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