ABA Family Legal Guide

The Rights of Older Americans

Pensions

Traditional Pension Plans

What if I die before retiring? What are my spouse's rights to my pension?

If you are vested and if you have been married for at least a year, your spouse is entitled to pension benefits. Typically, he or she will receive an immediate annuity for the rest of his or her life. However, if you and your spouse have executed a written waiver of survivor benefits, your spouse will not be entitled to survivor benefits.