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The Research Center
|        ||1. Divorce Source: SURVIVOR BENEFITS AS PART OF PENSION RIGHTS |
(©1999) Barring an express understanding to the contrary, an agreement for equitable division of retirement benefits earned during a marriage presumptively encompasses survivor benefits.
|        ||2. Divorce Source: Cases of Interest: Survivor Benefits|
Case law and analysis of divorce cases related to survivor benefits. Visit Other Cases of Interest
|        ||3. Divorce Source: Spouse's Death During Proceedings and Survivor Benefits |
(©1996) In Lefkowitz v. Arcadia Trading Benefits Pension Plan, supra, the parties were estranged and a divorce was pending when the husband died. The husband had participated in an ERISA-qualified pension and
|        ||4. Divorce Source: Survivor Benefits and Military Retirment Benefit |
(©1996) The appeals court, however, did not view the SBP as a separate asset awarded to the wife, but rather as an equitable mechanism selected by the trial court to preserve an existing asset, i.e.,
|        ||5. Divorce Source: WAIVERS OF SURVIVOR BENEFITS IN SEPARATION AGREEMENTS: HOW EFFECTIVE ARE THEY?|
Many separation agreements contain a broad general release clause which purports to waive all other causes of action between the parties. These releases are generally interpreted broadly by the courts, and they bar a wide variety of future claims.
|        ||6. Divorce Source: THE EFFECT OF DEATH AND REMARRIAGE ON STATE COURT ORDERS, DIVIDING SURVIVOR BENEFITS |
The order must be one which
|        ||7. Divorce Source: Property Division/Retirement Benefits/Survivor Benefits |
The parties were divorced after an 11-year marriage. The wife was awarded 15% of the husband
|        ||8. Divorce Source: CLASSIFICATION, VALUATION, AND DISTRIBUTION OF SURVIVOR ANNUITIES|
(©1998) The wifes survivor benefits under the husbands pension plan were properly classified as marital property, valued, and awarded to her in the parties property distribution. During the parties
|        ||9. Divorce Source: PENSION SURVIVORSHIP BENEFITS |
(©1999) A property distribution agreement obligated the husband to name the wife as recipient of a civil service pension
|        ||10. Divorce Source: Miscellaneous Areas of Dispute in Regard to Pensions and Divorce|
(©1998) Postdivorce Order Granting Survivor Annuity. Where a divorce judgment grants one spouse a share of the other spouses retirement benefits, the trial court may subsequently award a survivor annuity to
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