Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘I live in Monroe County, PA. My divorce was final in March of 2010. According to the conditions of our divorce agreement, my ex is to keep me on as his beneficiary for his social security, pension, annuity benefits and life insurance policies.
He notified me today that he has changed the beneficiary to all of his policies to our sixteen year old son. He said the money will go into a trust if it’s a natural death. Is he allowed to do this even though the divorce agreement states that I am to be listed as his beneficiary?’This will depend almost entirely on the exact wording of your divorce decree, along with a few external factors, such as whether any of your ex’s benefits are derived from a Federal program (as Federal trumps state).
Question: You will need to have an attorney in your state, who is familiar with retirement plans, review your divorce orders.
