We are essential, and so are you! Our firm is still OPEN for business and accepting new clients. To protect your safety in response to the threats of COVID-19, we are offering new and current clients the ability to meet with us via telephone or through video conferencing.Please call our office at 301-732-7675 to discuss your options.

Silver Spring: 240-833-2284
Frederick: 301-668-5111
Upper Marlboro: 301-736-5432

Experienced. Trustworthy. Driven.

  1. Home
  2.  » 
  3. Divorce
  4.  » Who Makes the Survivor Benefit Selections?

Who Makes the Survivor Benefit Selections?

| Apr 12, 2017 | Divorce |

In a divorce case, a pension survivor benefit is an asset which is in play for division. Recently the Maryland Court of Special Appeals struck down a decision of the Carroll County Circuit Court which determined that a former husband had the right to make a selection of the options available for a survivor benefit which had been assigned to his wife. The appeals court held that the Circuit Court, among other things, had to look at what a reasonable person interpreting the parties’ agreement would have decided. This case illustrates that division of retirement benefits is a complicated process and is best accomplished when experienced divorce lawyers are involved in preparing the property settlement agreements. 

Archives

FindLaw Network