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Marriage, Death and Your Survivor Annuity

married 9 month rule

contracting officer
USDA
Mon May 5, 2008 8:38 AM

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I wonder how they would have ruled had Ms Waters and Mr McTonnell not actually married. Depending on the state, she might have built her case on the fact that they were married in common law. The 16 day marriage may have served to overshadow the legal status of their relationship prior to the wedding.

Re: married 9 month rule

Analyst
DON
Mon May 5, 2008 9:20 AM
That would have made no difference. Quite simply, if you haven't changed your designee, that's where it goes. This happens frequently. When there is a life-changing event, such as a divorce, the first thing you should do is look at all the forms you've left the former spouse on...there's life insurance, the one for TSP, one for your unused annual leave, etc. Even with a will designating the current spouse to get the money, if the above forms don't state so, it goes to whomever you've designated on the forms.

Marriage, Death and Survivor Annuity

QAS
DCMA
Mon May 5, 2008 8:52 AM

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Thank You so much for this article. Having an ex-wife and not getting around to correcting my own paperwork is something I just didn't get done until I read this story, what a nightmare and if it was me I'd come back to haunt my blood-sucking ex-wife as I wouldn't want her to get one red cent. Also suggest to anyone who may have an ex-spouse is to see an attorney and make sure all of your last wishes are clearly defined.

Social Security

Accounting Tech
Homeland Security
Mon May 5, 2008 9:43 AM

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My husband and I are federal employess. We divorced last year after 24 years. I am entitled to his social security pension and also if I remarry do I still get his social security since we were married over 10 years?

Ex

Soil Conservationist
USDA
Mon May 5, 2008 9:54 AM

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The week after the judge banged the gavel and sentenced me to 7 years of alimony I made sure I changed all the forms & my will so she would get the least amount legally due her.

DEATH & SURVIVOR ANNUITY

Bridge Management Specialist
COAST GUARD
Mon May 5, 2008 1:42 PM

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Quite a sad situation, and I feel badly for the new wife. However, I'm glad the documentation stands as it was written. Maybe it was the intent of the deceased to have his new wife receive the funds, but as they were together a significant number of years, he should have already taken steps to make the changes prior to his death. No, I don't think the way this turned out is "right" for the current spouse, but the documentation is clear, and should not be open to debate. "Signed, sealed, delivered", as they say.

Widow v. X

Atty
SSA
Mon May 5, 2008 1:42 PM

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A common law marriage is just as valid as if a ceremonial marriage took place, but to be common law married, there must be an intent that the parties consider themselves married - if one of the parties said they "meant" to get "married" later, or anything else that indicated that they did not both consider themselves already married, there is no common law union - it has nothing to do with just being together no matter what time period is involved (most states have no time requirement, but most have done away with CLM. No matter how long married - it's the named beneficiary that gets proceeds! But - 9 mos to be a widow?! This is diff than state law which would have no time requirement = marry+deatah+widow. Check your forms so your intentions are stated! Hate to see it go to an X, esp after 20 years as an X!!

Need serious revision

OAC
BLM
Mon May 5, 2008 4:22 PM

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I've said it before - the regulations regarding spousal benefits need at least one major revision - divorce should automatically terminate the spousal beneficiary designation.

Re: Need serious revision

Civ
DoD
Wed May 7, 2008 5:22 AM
I disagree with your statement that divorce should automatically terminate spousal benefits. While that may seem like a logical step, there could be a myriad of reasons that the Fed spouse may want to continue with life ins, unpaid compensation, etc., for the former spouse. That's why there are separate forms to make those changes.

Re: Need serious revision

PA
DOL
Wed May 7, 2008 9:31 AM
There are some circumstances for the ex to be named beneficiary. My husband's ex had him named as beneficiary (even though she was remarried). She said this way she was sure their children would get the mone.
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