She can but only if the pension plan permits payment to Alternate Payee after death of Participant spouse. You would have to look at plan. PERS, for example, does not pay benefits to the non-employee spouse after the death of the employee spouse.
Re getting QDRO signed, you'll have to get the representative of decedent's estate to sign off on form of QDRO.
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Lisa M. Radell, Esq.
207 South Main Street
Cape May Court House, NJ 08210
Phone (609) 465-9910
Fax (609) 465-9920
E-Mail
[email protected] -------------------------------------------
Original Message:
Sent: 08-09-2013 10:08
From: Robert Goldstein
Subject: QDRO after death of participant spouse following divorce from bed and board
Hello, all:
Client coming in today. Over the phone she advises she had divorce from bed and board and there are provisions for her to get share of spouse's retirement plans/tax deferred plans by QDROs. Spouse dies before QDROs completed. Bed and board never converted to an absolute divorce.
Can she still get the QDROs done to get her marital share?
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Robert Goldstein Esq.
Manalapan NJ
(732)972-1600
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