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Plaintiff not ‘surviving spouse’ because decedent married someone else
A Superior Court judge has determined that the ex-wife of a deceased Providence police officer could not be deemed a “surviving spouse” for purposes of receiving survivor benefits under his municipal pension plan.
When plaintiff Marilyn Wilson and decedent Milton Wilson separated in 1995, they executed a property settlement agreement that called for Marilyn to receive his pension
benefits. The PSA was subsequently incorporated but not merged into the final divorce judgment.
Milton died in 2020, and his new wife, defendant Diane Wilson, began receiving the pension benefits.
In a declaratory action, Marilyn argued that she was a “surviving spouse” under the state statutory survivorship guidelines provision for police officers and firefighters, G.L. 1956 §45-21.3-1, and under the municipal retirement provision in the Providence Code of Ordinances, §17-189(m)(6).
She also argued that she was entitled to the benefits pursuant to the PSA.
Judge Melanie Wilk Thunberg was not persuaded.
“Contrary to Marilyn’s argument that there is no language in the statute or ordinance to limit the term ‘spouse’ to one’s current spouse, the term ‘spouse’ by itself refers to a person who is lawfully married, rather than a person who was previously lawfully married,” Thunberg wrote. “Additionally, there is absolutely nothing in the language of the statute or ordinance to indicate that the term ‘spouse’ should...
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