“My ex died. Can I still get his 401(k) and pension?,” an article published by NJ.com and NJMoneyHelp.com features Evan Weinstein’s commentary regarding distribution of retirement assets following an ex-spouse’s death.

In answering the reader’s question, Evan explains the application of New Jersey’s intestate succession laws, along with other New Jersey statutes that provide guidance. He states, “A Qualified Domestic Relations Order (QDRO) is a domestic relations order that creates or recognizes the existence of an alternate payee’s right to receive, or assigns to an alternate payee the right to receive, all or a portion of the benefits payable with respect to a participant under a retirement plan, and that includes certain information and meets certain other requirements.” Evan adds, “QDROs are used for most defined benefit plans including but not limited to an IRA, 401(k) or a pension.”

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