I live in the state of Minnesota, Dakota County. In 1999 I divorced my spouse, with a settlement on a QDRO, from my defined benefit pension plan. She passed away in 2009, is there any way I could recover those funds, or does the company get to just keep that money?
2 Answers from Attorneys
You should be able to get the funds that were awarded to you. The company does not just get to keep the money.
The answer depends on the language of the QDRO. In most cases, the proceeds awarded to your spouse would then pass to her estate and her beneficiaries. Only in rare circumstances is there a survivorship interests where, upon death, the proceeds revert back to the policy holder.