Is this (pension and divorce) issue worth pursuing?

Question

I went to law school, but it was a LONG time ago, and I never dealt with divorce issues.  Someone I know is in a situation that doesn t seem equitable to me.  Clarification would be welcome.

A belongs to a union pension plan.
B is married to A but has no regular employment history.
They divorce.  B is represented by an attorney; A is not.
The divorce settlement awards half of A s future pension benefits to B.
A retires and draws half benefits for a short time, then B dies.  
I haven t seen the documents on this, but I m told that the divorce settlement specifically prevents the full pension from reverting to A.

It seems like there could be issues  here in terms of contracts and state or Federal pension rules.    Suggestions are most welcome.  Thanks.

Agape Granny, broad of Christ · Accepted Answer

He certainly could agree not to sign a settlement under those terms; the pension is probably considered a marital asset, thus the fifty percent division.  This does not affect any future social security benefits either party may receive, by the way.

As I have said, it appears that the pension is being treated as a marital asset, but he does not have to sign under terms that will prevent revision solely to him upon death of the former spouse.  He should get a lawyer and fight for a revision of terms.

Anonymous · Answer

IF you ever studied law you would know the ONLY answer here is to hire an Atty who can read said documents and answer YOUR pension queries.

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Is this (pension and divorce) issue worth pursuing?

2 Answers