News Summary
The Rhode Island Supreme Court has determined that the ex-wife of a deceased Providence police officer is not entitled to his surviving spouse benefits. The ruling emphasizes that survivor benefits are designated for current spouses, clarifying the definition of a surviving spouse under state law. This decision arose from a case involving a property settlement agreement and aims to reinforce legal standards for spousal benefits in future divorce proceedings.
Providence, Rhode Island
The Rhode Island Supreme Court has ruled that surviving spouse benefits from the pension of a deceased Providence police officer cannot be claimed by his ex-wife. The decision clarifies who qualifies as a surviving spouse under state law and reaffirms the priority of benefits for current spouses.
The case involved Marilyn Wilson, who, after divorcing her husband Milton in 1995, argued she was entitled to his survivor benefits based on an agreement made at the time of their divorce. The couple had entered into a property settlement agreement (PSA) stating that Milton would designate her as the beneficiary for his pension’s survivor benefits in exchange for her waiving certain rights. However, after Milton’s death in December 2020, the city of Providence began issuing survivor benefits to his second wife, Diane Wilson.
According to Rhode Island law (G.L. 1956 §45-21.3-1) and the Providence Code, survivor benefits are dictated to be paid to the officer’s dependent spouse, emphasizing the legal designation of “surviving spouse.” A Superior Court judge previously ruled against Marilyn’s claim for the pension benefits, stating her interpretation of the PSA was inconsistent with the statutory and ordinance definitions of a surviving spouse.
The Supreme Court upheld the lower court’s ruling, indicating that survivor benefits are specifically allocated to a current spouse rather than a former spouse. Justice Paul A. Suttell underscored that the characterization of these benefits as Marilyn’s “sole and separate property” had been a misinterpretation; the benefits are meant for Diane, the legal surviving spouse.
Marilyn contended that the final judgment of divorce entitled her to the pension benefits, but both the Superior Court and the Supreme Court disagreed. The court made it clear that benefits aimed at a surviving spouse cannot be claimed by an ex-spouse, reinforcing the legal framework that governs who qualifies for these benefits.
Diane Wilson’s attorney noted that this ruling primarily revolves around the interpretation of statutory law, determining that an ex-wife does not qualify as a current wife or surviving spouse. The implications of this decision could significantly influence future divorce proceedings and the treatment of pensions and benefits under Rhode Island law.
Background of the Case
Milton and Marilyn Wilson were married in 1980 and began to separate in 1994 when Marilyn filed for divorce. By the time the divorce was finalized in 1998, Milton had retired from the Providence Police Department. According to their property settlement agreement, he retained all pension rights except for the benefits outlined for Marilyn.
Milton remarried in May 2007 to Diane Wilson and remained married to her at the time of his death. After his passing, Marilyn sought to compel the city to pay her the designated survivor benefits, but the city upheld that it was legally obligated to pay the current spouse—Diane.
The Supreme Court’s ruling solidifies the principle that former spouses cannot stake a claim on benefits designated for surviving spouses, as mandated by Rhode Island law. This decision clarifies the legal definitions and expectations surrounding spousal benefits and sets a precedent for how such matters are handled in the future.
Deeper Dive: News & Info About This Topic
HERE Resources
Additional Resources
- Rhode Island Lawyers Weekly
- Providence Journal
- Legacy.com
- Providence Journal Obituaries
- Nardolillo Funeral Home
- Wikipedia: Survivor Benefits
- Google Search: Rhode Island law survivor benefits
- Google Scholar: Survivor Benefits Law
- Encyclopedia Britannica: Survivor Benefits
- Google News: Survivor Benefits
Author: STAFF HERE PROVIDENCE WRITER
PROVIDENCE STAFF WRITER The PROVIDENCE STAFF WRITER represents the experienced team at HEREProvidence.com, your go-to source for actionable local news and information in Providence, Providence County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as WaterFire, Rhode Island International Film Festival, and Rhode Island Comic Con. Our coverage extends to key organizations like the Greater Providence Chamber of Commerce and Providence Warwick Convention & Visitors Bureau, plus leading businesses in finance and manufacturing that power the local economy such as Citizens Financial Group and Textron. As part of the broader HERE network, we provide comprehensive, credible insights into Rhode Island's dynamic landscape.
