• Ensuring army family pension to divorced wife after ex husband's death

My wife have been living separately for the last two years. After I retired from the army, I gave her over Rs 70 lakh with which she bought a flat and settled down in Dehradun, her home town. I have given her all the household items and kept only a few personal items for myself. I also give her 70% of my monthly pension which amounts to Rs 46,000/- every month.
Our children are adults hence there are no child custody issues. 
My wife and I want to a divorce by mutual consent and I don't want her to undergo financial problems after our divorce and will continue to give her 70% of my monthly pension. 
I also want her to avail of the army family pension after my death. 
Is there any way that I can ensure that , even after divorce, she will get the family pension after my demise?
Asked 6 years ago in Family Law
Religion: Buddhist

3 answers received in 10 minutes.

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13 Answers

Ex wife is not entitled to family pension on your demise 

 

your remedy is instead of divorce advice wife to file petition for judicial separation 

 

in such a case on your demise she would be entitled to family pension 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hi Sir

Once you divorce your wife, she will not be entitled to the pension after your death.

After your divorce you can willingly give her anything you want but then you are not her husband so she will not be entitled for other govt. Benefits......

You can do it this way that you can make her nominee so that she can get benefits after you. But same will not be possible for pension.

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

If after the husband who obtaining divorce from the court had not informed and got the name of the wife removed from the official records and after his death she claims it than unless the objection raised by the heirs of the deceased man the government will pay part of the family pension to the divorced wife .

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes, there is provision if you mention like that in the Mutual Consent Divorce MoU all terms and conditions. And in the Pension Office make a nominee to her after you.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

After divorce legally she can't get the family pension. But if as per army rules there is any provision you can do so. You can't even declare her dependent after divorce

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The family pension can be given to the wife of the deceased soldier only.

She will not remain your wife after divorce, hence she may not become eligible for family pension in case of your demise after divorcing her.

If there is no nominee to your draw your family pension the same will be stopped by the government.

A divorcee cannot be a nominee to get family pension.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If you divorce her she doesn't have any rights over you except which you give her at the time of taking divorce. Therefore either don't divorce her.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. After divorce she will cease to be your wife and hence cannot get the family pension.

2. No clause in the mutual consent divorce petition can obligate the govt to give the family pension to her after the marriage is dissolved.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Best way possible is to obtain order of "Judicial Separation" if a person is separated judicially, he/ she is entitled  to family pension after demise of pensioner.

In Divorce / MCD decree, the ex-spouse will not be eligible for pension after demise of pensioner.

Thus, Judicial Separation is best option to avail benefit as detailed in your post.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Divorce wife not entitle to maintenance. And what is the need of divorce ? only in case either party wants to remarry, divorce will require except remarriage nothing is illegal without divorced. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. Yes you can get mutual divorce from your wife keeping the conditions of family pension and monthly expenses.

2. You can send a letter for Instruction to your department of giving family pension to your ex wife after your death. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

Yes, you can give your family pension to your wife after divorce and after your death.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear sir,

You are suggested strongly not to make any promise, contract etc. in relation to pension because it is protected as per law. However, you may draw your pension and give the amount as per your wish. Also after divorce, her name will be removed from records and she won't be able to draw pension after your death.

 

You are free to take any action regarding your money but being a legal expert, it is our holy duty to made you aware regarding legal complexities involved. From your query it seems that you are ignorant of basic law related to Army, pension etc. 


Because, the some people have made their minds to play with law and bent upon to never accept the legal advice, the situation will remain pathetic not only to country but to whole human beings. Your IQ level clearly reflects the same. 


You are free to take any action as per your will and wish and contact the professional which suits your purpose. But, be sure that showing correct provisions of law is pious duty of any professional. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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