Military Pension Incorporation/Death Benefits

North Carolina Divorce Law Divorce and Separation Answers
1

Thank you Crystal for all your help with my last question. Unfortunately, I have another one. First, will I still receive part of my husband’s military pension that I am entitled to, even if he should die subsequent the final divorce? If not, can I incorporate that into my separation agreement? I will surely need the help of an attorney to work all this out, but I am curious to know if I can have this accomplished. I ask this question because oddly enough a woman called our office today inquiring about this issue, but unfortunately for me the attorney I work for does not do family law. It was good for me, since I had not really even thought about the issue of death and pension benefits.

Thank you for any help you can give me.

2

You will need to draft a Military Domestic Relations Order, when you get that properly qualified and accepted by the military, they will make the payments directly to you when the time comes.

You are not automatically entitled to survivor benefits, but many people negotiate to receive them. Another thing to think about is taking out an insurance policy on the other spouse, which some people agree to do.