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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9701
Experience:  Experienced Family Law Attorney
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I am in the process of trying to get my deceased husband

Customer Question

I am in the process of trying to get my deceased husband pension . I have not started getting it yet . If I remarry now , will I still be able to get it ? I just found out about it a couple weeks ago , and we had plans to marry the 30th of this month. My husband died in 2008.
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

That varies depending on the type of pension. Do you know which pension this is in regards to?

Customer: replied 1 year ago.
It is from a job that he had been working for . He was still working for them when he died from a heart attack. It is not military or railroad. Just a reg company.
Expert:  LegalGems replied 1 year ago.

ERISA is a federal act that covers private pensions, and while it is a rather detailed act, it does not govern issues of remarriage after a working spouse died. As such, this is a matter of contract law so that it can vary from company to company. The actual pension manager would need to be contacted, and the policy reviewed, to see if remarriage (or even cohabitation) affects the pension rights. Remarriage, from a social security pension, can affect one's eligibility, depending on several factors: http://www.ssa.gov/policy/docs/workingpapers/wp89.html

Expert:  LegalGems replied 1 year ago.

Checking to see if you have any questions on the above? if you have the name of the company I can look to see if this information is available online; otherwise you would need to contact them directly. Please let me know if you have any questions! Thank you.