My ex-husband recently passed away. As part of our divorce I waived my rights as a named beneficiary in his retirement accounts, but two of the retirement accounts still listed me as a beneficiary. Will I be entitled to his money?

Mary from Philidelphia, PA asks, "My ex-husband recently passed away. As part of our divorce I waived my rights as a named beneficiary in his retirement accounts, but two of the retirement accounts still listed me as a beneficiary. Will I be entitled to his money?"

Pension Evaluators & QDROS Of Troyan, Inc Associates Group answers, "In order for a beneficiary to waive retirement benefits in a divorce decree, Employee Retirement Income Security Act (ERISA) requires that the divorce decree must specifically identify the benefits being waived. The waiver you signed may have been a more general waiver and not enough to block your rights as a beneficiary to the retirement accounts to which you are a designated beneficiary. However, your state's laws may not follow ERISA rules. For example, in some states, an ex-spouse left as a beneficiary on her ex-husband's IRA may be entitled to the IRA even though the ex-spouse signed a waiver as part of the divorce settlement agreement. Complete this IRA form to obtain your QDRO award."

Pension Evaluators & QDROS Of Troyan, Inc Associates Group QDRO Consulting offers expert QDRO outsourcing services to divorce attorneys and mediators, as well as retirement plan administrators.
Divorce attorneys/mediators – You can rely on Pension Evaluators & QDROS Of Troyan, Inc Associates Group to draft QDRO documents correctly and promptly for your clients, and obtain pre-approval by the plan administrator. We will be pleased to work with you and your law office, or directly with your clients (after the divorce is finalized by your offices) in the QDRO process.

QDRO Pre-Approval Guaranteed!

Just click here to begin the process to begin the application process forms on this site (or direct your client to do so), along with prepayment of our fee, either by check or credit card (online). For more information, call to speak with our QDRO experts at 800-221-0706 and reference the state for your Divorce matter for discussions.