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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30156
Experience:  Lawyer
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I was married for 25 years and was supposed to get my

Customer Question

I was married for 25 years and was supposed to get my exhusband pensions when he dies. Can I still get them now that I am divorced and he is not remarried. We are both in our 70 if that makes any difference and we live in New Jersey
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: New Jersey
JA: Has anything been filed or reported?
Customer: I don't know what u mean
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 8 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 8 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

What, if anything, did the divorce decree say about your ex-husband's pension?

Customer: replied 8 months ago.
It didnt
Expert:  Lucy, Esq. replied 8 months ago.

If the divorce decree doesn't mention the pension at all, that means your husband could change the beneficiary now that you're divorced, and it would be legal.

But what you can do is file a Motion to Correct Order, noting that the decree failed to address his pension and asking that you be granted half of it. You actually should be entitled to half of it now, because the pension is a marital asset.

Customer: replied 8 months ago.
I am already the beneficiary of his pension but I am changing my name when the divorce goes thru will that effect my claiming the pensions when he dies
Expert:  Lucy, Esq. replied 8 months ago.

It shouldn't, but he's allowed to change the beneficiary without consulting you after the divorce is finalized. The way to prevent that is to file a motion asking the court to order him not to.

Expert:  Lucy, Esq. replied 8 months ago.

Do you have any other questions about this?