Who is entitled to the husband's pension the ex wife or new wife?

Answer 1

The answer to that question is both. Most states have held that retirement funds and pensions earned DURING the course of a marriage are equitable assets subject to distribution by the courts. Those pension benefits that accrue after the divorce is finalized are not available to the ex-spouse but rather would be those of the new wife. The main factor is looking what what was (and was not) earned during the course of the marriage.

Addendum:As relates to military pensions, this is somewhat complicated, as the pension is based on the highest rank attained, not as much time served or investment in a fund.

Some courts have divided the pension between an ex and current wife by 50/50. Still others have divided it by the number of years each wife was married to the deceased. Still other courts have determined that the only spouse entitled to a military pension is the current spouse. It really depends on the state and the judge who decides.

Answer 2

Both may receive benefits. A former spouse may be entitled if that issue was addressed in the divorce. Generally, retirement benefits accumulated during a marriage can be divided and must be addressed at the time of the divorce. A private pension plan administrator can be served with an order that directs the division.

A former spouse who has not worked or who has low earnings can also be entitled to as much as one-half of the retired worker's full Social Security benefit. You read more about Social Security at the related question link.