ABA Family Legal Guide

Family Law

Money Matters During Marriage

Doing Business Together

Must a working spouse provide a pension for a dependent spouse?

No. The law does not specifically require this, but most corporate pension plans provide for it. Generally, a pension from a corporation that provides benefits for a surviving spouse cannot be taken away from the surviving spouse without that spouse agreeing to it in writing. See chapter 16, "The Rights of Older Americans," for more information.