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Retiring From Nys Have A Dro From Xwife Was Married For 6yrs. Can My Current Wife Of 20 Yrs B My Beneficiary?

  • By: David Bliven, Esq.

Q: My wife and I want to take the retiring plan of if i passed away she would continue to get my retirement after my death. Can I do that even tho I have a xwife of 6 yrs. also my xwife owes me years of back child support whst can I do to not have her get my retirement due to the monies she owes me? Thank you in advance

A: David’s Answer: Whether you can make your current wife your “surviving spouse” depends on not only the wording of your DRO, but also the wording of your settlement agreement. Many agreements prohibit shifting the “surviving spouse” provision. Schedule a consult with a Westchester Divorce attorney for a full assessment.

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