When drafting Separation Agreements which include provisons for a pension or 401k distrbution, it is cruciial to make sure there is adequate language to address the unpleasant event of the employee spouse passing away.
I just read a very informative article with some great advice concerning the implications if the possibility of the employee spouse dies before former spouse is award the pension or 401k. Of particular importance is the wording on the Qualified Domestic Relations Order (QDRO).
The link to the article is below:
Emily W. McBurney: My Ex Died – Now I Can’t Get the Pension I Was Awarded in Our Divorce