Can I reserve ex husband military retirement he remarried
And was married 6 mounts and died I was married to him 20 years
No you are not entitled to it , as it is his pension.
yes
Technically it's military "retirement pay," not a pension. Check this out for an example of the complexities (albeit in New York): http://www.divorcenet.com/states/new_york/military_divorce_and_pensions
Not enough info to answer. Medicare? Railroad pension, Teamsters, what? Please clarify and resubmit question. We DO want to help if we can.
In my case, the pension plan was started in January and my husband divorced his first wife in May of the same year. I happened upon this pension plan after my husband's death. I thought for sure the ex-wife would get it. However, there was wording that asked who he lived with for the 12 months preceding his death. In this case, it was me, the widowed wife. Therefore I am entitled to these benefits.
I am not sure what your talking about but let me try to answer this. If the wife divorced the man before he died then no she would not be entitled to his pension. It does not matter if she remarried or not.
The length of the marriage is what usually determines if a spouse or ex spouse is entitled to any pension benefits either private, SS or RRB.
If their husband is killed in office, Congress usually gives them a pension .
If the pension is through a company (not social security), then depending on the divorce agreement, the wife may be entitled to have a share. Alternatively, another piece of the couple's common monies become the offset to the wife. However, you both should know whether the pension has survivor components and will continue after your death.
Unless she was awarded some of the ex-husbands pension in the divorce decree, she can't. If she was awarded access to a percentage of his pension, she should contact the company for whom he worked - and eventually she should be preprared to supply the pension administrator with a copy of the court order which states in what amount she has a claim on the ex's funds.
My ex-husband is entitled to 50% of my salaried Inland pension as part of our divorce settlement. In Michigan (can't comment on other states) the claim is a QDRO (Qualified Domestic Relations Order). If your divorce decree includes it, have your attorney contact the pension department of the surviving company, Arcelor-Mittal (?) Once it's completed, you in effect become another retiree receiving a pension from Inland based on whatever percentage of your ex's pension your divorce decree states. My QDROs on his pension were completed within a year of the divorce. My ex still hasn't finished the paperwork on my, so I just figure I'll get half of my Inland pension. Hope this helps & good luck!
The answer to that question is both. Most states have held that retirement funds and pensions earned DURING the course of a marriage are equitable assets subject to distribution by the courts. Those pension benefits that accrue after the divorce is finalized are not available to the ex-spouse but rather would be those of the new wife. The main factor is looking what what was (and was not) earned during the course of the marriage.Addendum:As relates to military pensions, this is somewhat complicated, as the pension is based on the highest rank attained, not as much time served or investment in a fund. Some courts have divided the pension between an ex and current wife by 50/50. Still others have divided it by the number of years each wife was married to the deceased. Still other courts have determined that the only spouse entitled to a military pension is the current spouse. It really depends on the state and the judge who decides.