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Good for you David for reading more closely to determine that the employer with the pension plan of interest was not the fire department. The convoluted explanation and irrelevant reference fooled me.

QDROphile always provides good advice. However, I read the original post to imply that the "previous employer" was NOT a government entity, in which case the ERISA provisions about QDRO's will apply. The last sentence of the first paragraph "...no QDRO was completed" might imply a different problem: is the lack of a QDRO because no one ever got around to it? or because such property division was not included in the divorce document(s)? (If not included in original property division, the court may be reluctant to re-open the issue.) or something else? The answer to all of the above must start with: You need a lawyer who is very familiar with QDROs.

Your message suggests that your former spouse worked for a government entity. If so, the pension arrangements are probably not subject to ERISA and the common knowledge that goes with the body of law under ERISA. The plan terms, which may be statutory, will determine survivorship rights. You will not be able to get your answers based on general knowledge and expertise, only specific attention to your situation and the related plan. It is possible that the employer was not a governmental entity, but a nonprofit organization instead, and ERISA may apply.