Ex-spouse retired before divorce and then current spouse didn’t waive rights

I was married to a DC law enforcement officer for 24 years - married in 1992, before we were divorced in 2016.  He has since passed in 2023 and I found out after his death that he had retired in early 2000.  We had been separated before our final divorce.  I did not waive my rights to benefits but was denied spousal benefits from the DC Retirement Board.  Can I seek an investigation into my ex-husband’s retirement package to determine if there was fraudulent activity that has prevented me from being the primary beneficiary?

MizKae,

I think you can contact an attorney and do any inquiry you like. And I’m no expert on governmental plans. But you said you got divorced in 2016. What spousal rights did you have in 2020?

With that said, maybe you should have submitted a domestic relations order after the divorce. But you’ll need legal help for that. 

Thanks so much for responding.  Since I didn’t waive rights during his retirement my thought is that I would still be entitled to spousal benefits, if this is correct.  What type of attorney handles cases like this, ie., family attorney, etc? Also, would it be too late to file for a QDRO even though my ex has passed away. 

Family/divorce attorney hopefully with some retirement experience. The first call I would suggest is to the person that handled your side of the divorce and ask him/her about the domestic relations order. It should have been handled then. 

I practice law in Maryland and DC and specialize in preparing QDROs intended to divide pension and retirement benefits for divorcing spouses.  I have prepared such Orders for the District of Columbia Police Officers and Firefighters’ Retirement Plan.  See the attached Summary Plan Description for that Plan. Another document dealing with D.C. SPOUSE EQUITY ACT INFORMATION STATEMENT THE DISTRICT OF COLUMBIA POLICE OFFICERS AND FIREFIGHTERS’  RETIREMENT PLAN is also attached. 

Normally if an employee retires while still married, the spouse at that time will be entitled to receive survivor annuity benefits at the time of his death.  But that doesn't look like your situation.  If you were divorced in 2016 and the Court did not enter a "Qualifying Court Order" in connection with the divorce awarding you retirement and survivor benefits, then you did not receive a share of his retirement benefits from and after 2020 when he retired, and you will not receive a survivor annuity now that he has died in 2023. 

If you had a lawyer representing you in the divorce case you need to take a hard look to see if he/she committed malpractice.      

Where was the divorce case filed?  In DC or in Maryland and if so, in what County.  

If you want me to review the correspondence you received from the DC Retirement Board I will be happy to do so.  

My email is marylandmediator@gmail.com and my office number if 301-947-0500. 

David

DC Police and Firefighters SPD 2023.pdf DC Spouse Equity Act Information Statement-POLFF.pdf

If the court awarded you retirement and survivor benefits, but the QDRO was never filed, that may change the outcome.  

I need to see a copy of the Judgment of Divorce and and written agreement that you and your husband signed.

These case are fact intensive 

David 

Thanks so much for the feedback.  The divorce was finalized in 2016 and my ex-husband passed in 2023.  He retired in early 2000 (around 2013 or so) and I did not waive rights during his retirement process.  I only found out about his retirement after his death and seven years “after” we were divorced (2023).  I hope this does not confuse anyone in providing more assistance.  Please help as I’m so grateful for all information provided. 

My apology for any misinformation I may have included in the original message that may have indicted everything taking place in 2020.