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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27261
Experience:  Attorney with experience in family law.
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Hi, My husband asked me to sign consents for pre-Retirement

Resolved Question:

My husband asked me to sign consents for pre-Retirement designation of beneficiary, and my name was not in the list. I did not sign it. In the pre-Retirement form, the spouse is the primary beneficiary, and the spouse must sign a spousal consent if someone other than (or in addition to) the spouse was designate as a beneficiary. My question is, what about the actual retirement not pre-Retirement, are the spouse the primary beneficiary, or you can designate any one without consent of the spouse, and in this case the spouse has no right in any thing, and what is my option as a spouse in this case? I am thinking of filling a divorce papers, but I like to see my options first.
Submitted: 5 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 5 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

A person cannot designate a beneficiary other than a spouse on his retirement accounts without the spouse's consent. If something should happen to him, and you have not signed a consent to allow someone else to inherit the money, you will get 100% of the account. However, if you divorce, it's a little different.

When parties divorce, you are entitled to one-half of the contributions made to the retirement account during the marriage, plus the interest earned. He is entitled to the same percentage of your retirement accounts, if any. Once the divorce is final and the accounts are split, each of you is free to designate anyone you want as the beneficiary without the consent of the other party.

I hope that helps. Please let me know if there's anything I can clarify for you.
Customer: replied 5 years ago.

Hi, thank you for your answer. Some one from PERS ( Oregon public Employment Retirement System) told me, that in the pre-Retirement the spouse is the primary beneficiary, and you need spousal consent to designate any other beneficiary, but for the actual retirement, you can designate any one , without the spousal consent, is that true? I live in Oregon, is there any thing different than any other state? Thank you

Expert:  Lucy, Esq. replied 5 years ago.
I'm sorry - I didn't realize that he was part of PERS.

Oregon Revised Statutes, Section 238.390 allows an employee to designate any person he wishes, or the executor or administrator of a trust or estate, as the beneficiary in the event of his death.

However, if the two of you divorce, whether he has you listed as the beneficiary or not, you're entitled to approximately half.
Customer: replied 5 years ago.

Do I have to be divorced before his actual retirement to be entitled to approximately half, or I have the same right even if I filled for divorce after he already retired.

Expert:  Lucy, Esq. replied 5 years ago.
If you file for divorce, and he dies before the divorce is final, the funds would go to the beneficiary. There would need to be a divorce decree in place for you to get the money.
Customer: replied 5 years ago.

I know I am asking too many questions, but I am In not very good situation now.

If I filed for divorce and he refuse to sign it, what I can do? And how log take to finalize the divorce? I am American citizen, I got married in Iraq 26 years ago, I am scared to file for divorce, I know he will fight it as much as he can.

Expert:  Lucy, Esq. replied 5 years ago.
You're not asking too many questions - it's important that you understand the information, or it's not useful to you.

You can get a divorce without his agreement. The judge will not force you to continue being married to someone once you have expressed an intent to be released from the relationship. There are things he can do to drag it out - asking for continuances, failing to respond to discovery until you file a Motion to Compel, postponing hearings, etc. However, eventually, you will get a divorce. One of the grounds for divorce is that irreconcilable differences have caused an irretrievable breakdown of the marriage. If one party thinks the differences are irreconcilable, they usually are - it takes two to tango. Your husband can't force you to try to work things out.

Unfortunately, the length of time depends on how busy the courts are, how proactive you are, what the disputed issues are, and how many things he does to delay, so it's really hard to judge. It could easily take six months or longer just get a trial date. I've seen divorces take a couple of months, but I've also seen them take several years. The best way to tell is to file to get the ball rolling.
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