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Chappy60134 · Dec 2, 2009, 05:30 AM

I live in Illinois with a man for 6 years now, we have comtemplated marriage later down the road, we both are currently 50 and 54, I am on his company insurance policy as a domestic partner, my question is, if we don't get married and he dies, am I entitled to any of his pension and if we marry how long to we have to married before I am eligible for his pension. My only concern is that we are both older and in no hurry to get married we both think it is just a piece of paper, but other people we know have been through nightmares because nothing was down in writing when they unexpectedly lost their partner. Please advise

Domestic Partner

mydogquestion · Dec 2, 2009, 06:14 AM

Illinois does not recognise common law relationships as binding. If you wish to receive his pension you will have to be leagally married . I do not think there is any lenghth of time that you have to be married. Also any other matters of money or property should be put into some legal form. If something happens to one of you the other has no legal right to these things . Get things in writing and I would suggest a lawyer if you are not going to get married

ebaines · Dec 3, 2009, 10:13 AM

Your BF should ask his employer what the rules are for pension payments to domestic partners - it should be in the plan's documentation.

Besides pension you have other issues to worry about - social security death benefits, for example, which will go to his kin, not you. And if he has an IRA or 401(k) you should review the beneficiary designations. Finally - you both absolutely need to have wills in place - if you don't, then when he dies his estate assets will go to his family, not you.