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askaskaskuuu111 · Sep 28, 2018, 09:54 PM

Six years ago, I separated from my husband and we filed for a dissolution of marriage with our individual lawyers. The process got complicated and there was never a final settlement by the court. So, we remained legally married, yet separated (not legally). So, my lawyer suggested a joinder with my husband's pension which was served to the retirement office of his employer.

Six months ago, my husband retired and his retirement administrator kept my share (50%) of his pension on abeyance due to the joinder, and pending results of the dissolution of marriage.
However, my husband died last month, which left me in legally married status.

Now, his retirement administrator claims that the funds in abeyance (specifically held for my benefit) cannot be disbursed to me until the dissolution of marriage is complete. This isn't possible is it, since I can't divorce him after his death? So, the retirement administrator said the funds will be kept and subject to probate. Why would it be considered an asset of his that has not been appointed to anyone, and be required to go through probate?

What options do I have? Can I get a court to order the funds in abeyance be paid out to me, since the funds are community property and I am the surviving spouse with direct rights to it? Or can I vacate the joinder and get the retro funds in abeyance paid out to me?

cdad · Sep 29, 2018, 05:47 AM

This is a complicated question because what your not understanding is that when you created the order you removed it from being "joint" and it now has to be determined by the courts how to proceed. Simply removing the order that was created does not remove the effect it has already had. This is the type of question you really should be asking your lawyer. Also has probate been started on his estate ?

Fr_Chuck · Sep 29, 2018, 06:31 AM

Agreed, you will need to contact your attorney, who is handing the divorce, and no idea why you and he have let it drag on all these years,

But it would appear you would need to withdraw the divorce petition and the Joinder which would need to be done by your attorney, to get all of the possible benefits of a widow. (unless he left the retirement to another beneficiary, which you need to find out.