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Normally when a person retires the spouse is entiteled to have a survivor benefit,hence the 50% offered by your husband's plan. However that provision applies AFTER the retirement of the plan participant. In states where there is comunity property and the couple have been filing joint income tax returs , salary the basis for for determining a participants's retirement benefit is consideres a comunity asset. There is jurisprudence where the wife is entitelded to part of the husband's living benefit, either in the form of lumpo sum or in monthly benefits, not the survivor benefit. If you want to contact me for more information my e-mail is franksluis@yahoo.com
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