Florida  |  Family Law

Legal Question

Asked on: 2/14/08, 9:07 am

Pension plan benefits in a divorce

As a vested former employee I am entitled to early retirement pension benefits after age 55. I am getting ready to file for a divorce. I have not yet asked for the pension benefits. The plan states that if you are married, your spouse must provide consent if you do not wish to choose a joint & survivor option of payment. If I do not apply to receive my pension until after the divorce, do I still have to ask him for his consent for me to receive a ''single life form of payment'' I don't know if it matters which state you are in, but I live in Florida.

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