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I have been receiving pension payments for a few years and got divorced a couple of months ago. Next month I am going to get married again. I am receiving my payments under the 50% Participant and Spouse Pension and want to change my beneficiary so that my new spouse, not my ex-spouse, will get the benefit due when I die. Is this permissible?

I have been receiving pension payments for a few years and got divorced a couple of months ago. Next month I am going to get married again. I am receiving my payments under the 50% Participant and Spouse Pension and want to change my beneficiary so that my new spouse, not my ex-spouse, will get the benefit due when I die. Is this permissible?

January 9, 2014

No. Your former spouse’s right to a survivor benefit vested at the time of your retirement, and your subsequent divorce does not affect his or her right to a survivor benefit. Therefore, your former spouse will be entitled to the survivor benefit when you die. Your new spouse will not be entitled to a survivor benefit.