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Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16361
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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does a divorce in penna void a insurance beneficiary or retiree

Customer Question

does a divorce in penna void a insurance beneficiary or retiree spouseor benefits
Submitted: 6 years ago.
Category: Family Law
Expert:  Legalease replied 6 years ago.

Not necessarily. Can you give me a little more information on the situation and I can give you a more exact answer? Are your divorced --if so, when did it happen? How many years married? What does the divorce decree state regarding insurance and pension benefits (if anything?)

 

Thanks

 

--Mary

 

 

 

Customer: replied 6 years ago.
YES DIV ORCE FINAL END OF DEC 2010 HUSBAND DIED 1-27 -2011PA STATES INSURANCE AND BENEFITS VOID INSURANCE AND RETIREE BENEFITS STILL IN WIFE NAME EX HUSBAND CHANGED EVERY THING ELSE WIFE GAve up house andcar
Customer: replied 6 years ago.
YES DIV ORCE FINAL END OF DEC 2010 HUSBAND DIED 1-27 -2011PA STATES INSURANCE AND BENEFITS VOID INSURANCE AND RETIREE BENEFITS STILL IN WIFE NAME EX HUSBAND CHANGED EVERY THING ELSE WIFE GAve up house andcar m arried 32 years
Expert:  Legalease replied 6 years ago.

Hello. In PA, the benefits are void in the event of a divorce UNLESS the divorce decree says something different (such as the insurance is to continue to name the ex wife as beneficiary or the ex wife is to receive a portion of the pension benefits). Usually in long term marriages, the ex wife will receive a portion of insurance and pension benefits, so I would find it unusual of the decree does not address these issues. If there is nothing in the decree, then the husband's other heirs can challenge that the ex's name is XXXXX XXXXX the insurance and pension -- and the best argument here is that he did not have enough time to change things over because his final illness and death happened before he had the chance to do so.

 

 

GOOD LUCK

 

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Customer: replied 6 years ago.
the x husband had over 2 years to change aprivate policy and employer policy and benefits. had changed every thing else house -car-other [policies etc. so had plenty of time to change employer benefits. entire estate, other items to their daughter. x wife n ame still on beneficiary. was computer whiz. used computer to part drain x wifes direct deposit work salary from two names to his one name acct. can not prove as computer used. x wife never saw statements. before pa gov left ,just before, office he signed law 6111.2./ then immediate filed his own divorce catching not only his wife when he would die but alot of unfortunate divorcee widows.dirty politics . matt.
Expert:  Legalease replied 6 years ago.

Hello. It sounds to me like he did not change over the work items because he wanted to continue to hack in and mess with the direct deposit items and anything else he could get into -- and if that is the types of behavior that demonstrate to me that this was not the friendliest of break ups. I believe that a successful court action could be pursued here considering the amount of time that had lapsed between the divorce and his death.

 

--Mary

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