Client is about to file for divorce after being kicked out of the marital home by husband. She just came in with letter/notice from the State Division of Pensions and Benefits advising that her husband has selected the maximum retirement allowance and that his monthly retirement allowance is payable for the lifetime of the member only. The letter goes on to say "therefore, you will not receive any pension payments in the event of the death of your spouse. However, if your spouse dies before receiving the total amount of the member's pension contributions plus interest, the remaining balance will be paid to the designated beneficiary or estate."
Adversary asserts that his client has an absolute right to designate whomever he wants as beneficiary.
This sounds like an Order to Show Cause might be appropriate. Can someone call me to discuss? This is a 7 year marriage. I don't believe the husband is in pay status yet but he is no longer working at the job where he was accruing the pension.
------------------------------
Mary Jane Leland Esq.
Freehold NJ
(732)409-7777
------------------------------