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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34542
Experience:  16 yrs. of experience including family law.
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Question about pension beneficiary, divorced in 92, exwife

Customer Question

question about pension beneficiary, divorced in 92, exwife to get portion. However, the PBCG sent me copy of divorce decree that says she is beneficiary if I die. That was over 20 years ago and i need to get this changed.
Submitted: 2 years ago.
Category: Family Law
Expert:  P. Simmons replied 2 years ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
Sorry, I do not understand the question you're asking.
Are you asking if you can ask the court to modify your decree of divorce?
Customer: replied 2 years ago.
The divorce decree was written in 1992. My pension with United Airlines went to the PBGC when they went bankrupt. At the time, my exwife was entitled to 1/2 of the amount accrued in the six years we were married. However, another page in the decree states that the Alternate Payee (ex-wife) is the sole beneficiary of the survivor benefits under the plan. We have not been married since 1995 and both of us have spouses. The PBGC said that they have the decree which states she gets half of the accrued amount up to six years, and the survivors benefit if I die before her. It was only intended that this be in effect for the 6 years that she was entitled, not years into the future. Is it possible to get this changed?
Customer: replied 2 years ago.
Of course this was very upsetting when I called them last week. Especially since I had received benefit estimates with my current wife as the beneficiary.
Customer: replied 2 years ago.
1992 divorce decree should be 1995 in Indiana.
Expert:  P. Simmons replied 2 years ago.
It is possible to change the decree of divorce. Although, not easy to do. The intent of a final decree of divorce is to be, as the name implies, final
That said, if there was a mistake in the decree you can bring this back to court and have the court correct the error.
You would need to file a motion with the same court to grant of the divorce originally. You want to have a local attorney, who can file this and present to the court on your behalf.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.