Pension Payout

[Guest JD698]

In a DC plan, the participant was divorced in 1991. He has no contact with his ex-wife. The ex-wife appeared in the divorce action pro se. Neither the judgment of divorce nor the Findings of Fact and Conclusions of law make any reference whatsoever to the participant's pension nor do they make an reference to any other property issues.

The participant wishes to receive his pension in a lump sum pursuant to the plan's terms. The member states in an affidavit that he cannot find his wife and does not know where she is and has not seen or spoken to her since November 1991. He further states that the last time he saw her he asked how she was doing and where she was living. She gave him her address and said she was thinking of going to Puerto Rico becuase her health wasn't good and because she had family there.

He has since gone to the last address where she lived and a few tenants said that the last time they saw her she said was moving to Puerto Rico. He has since provided the fund with an affidavit from a newspaper in Puerto Rico stating that he put a an ad in the newspaper which ran for two days asking his ex wife to contact him and stating that it was urgent. There has been no response to this ad.

Can the fund pay the participant his lump sum or does he need to do more to find his ex wife?

Any help would be appreciated.

Thanks.

[Bird]

Why is he trying to find her if he is divorced?

[JanetM]

If he got divorced there is no spouse.

[Guest JD698]

Would your opinion change if the beneficiary card listed the ex wife as the beneficiary and had not been changed after the divorce?

[rcline46]

If the bene said Jane Doe, Spouse then it is invalid. If it said spouse, he has none. Bene is irrelevant anyway on distribution.