Divorced wife's rights in retirement benefits of husband

SREEKANTH SARDHI (Querist) 03 October 2017 This query is : Resolved
what are the rights of wife getting separated from husband under divorce to claim share in the retirement benefits (state govt. employee), i.e., gratuity, leave encashment, provident fund, etc., of husband. The marriage lasted for 25 years and the husband is to retire within 5 years.

Follow Query

Report Abuse

Vijay Raj Mahajan (Expert) 03 October 2017
Till the time the marriage is in existence the person remains his wife and in case at that time the husband expires, she shall be entitled to all the retirement benefits as living wife, however after the dissolution marriage by decree of divorce, if the husband expires, all the spousal retirement rights extinguish and she will not be allowed any retirement benefits.

Kumar Doab (Expert) 03 October 2017
The husband and wife are separated by decree of divorce.
She is NO more wife of Ex. Husband.

Rajendra K Goyal (Expert) 03 October 2017
Divorced wife has no claim on the retirement benefits of her divorced husband.

Even wife has no claim in the retirement benefits of the husband, if husband is alive.