Legal Question in Family Law in Florida

I am divorced. On the divorced marital agreement, it stipulates that I am the beneficiary on his pension. This means that upon his passing, I would receive full benefits of his pension. I now have a qdro that stipulates I am to receive 50% while he is living. However; my question is. I just noticed that on the qdro it stipulates that upon his passing the benefits would end. Which is correct the marital agreement or the qdro? Should I do anything to insure the marital agreement is followed. As of this date, I am the beneficiary on the pension.

Asked on 10/15/13, 12:25 pm

3 Answers from Attorneys

R. Jason de Groot R. Jason de Groot, P.A.

You need to go see a family attorney immediately upon the discovery of something like this.

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Answered on 10/15/13, 12:37 pm
John Smitten Carey and Leisure

The pension plan will not pay you any survivor benefits if it does not offer any such benefits. The QDRO has to be approved by the lawyer for the pension plan so I would defer to that document.

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Answered on 10/15/13, 1:37 pm
David Slater David P. Slater, Esq.

Have you contacted his employer to see where you stand?

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Answered on 10/15/13, 1:39 pm


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