Ask Terry Questions Non-spouse inherited pensions

Non-spouse inherited pensions

By Terry Savage on May 29, 2025 | Wild Card

My friend is the named-beneficiary of her ex-husband’s pension from HP. He died 2018. They will not give her a straight answer about when she must take lump sum pension distribution. They keep confusing it with the annuity (Qdro).

Terry Says

She has waited 8 years to deal with this issue? First of all, it appears from the question that this pension was the subject of a QDRO order (qualified domestic relations order) at the time of her divorce. I don’t know the terms of that order, but it likely severed some, or perhaps all, of his pension on her behalf. I also don’t know whether that order applied immediately after his death– or perhaps at the time he “would have been” eligible for the pension.
And the employer’s pension terms would dictate whether she gets a lump sum, or a lifetime payout, or perhaps a shorter term payout. So I can’t guess.

But if the pension was the subject of a QDRO order, she should contact the law firm that represented her in the divorce. The divorce or domestic relations court would be able to enforce this order on the pension fund.

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