Her estranged in-laws, Joan and David Farley, who also sought the money, have withdrawn an appeal in the contentious litigation.
Tobits is expected to receive the funds shortly.
The amount in dispute totals $43,822.35, and has been placed in a court registry.
Tobits and Sarah Ellyn Farley lived in Illinois, and were married in Canada in 2006.
Farley worked at the law firm of Cozen O’Connor as an attorney before her death in 2010.
The Farleys argued in court that the women’s Canadian marriage shouldn’t be recognized by Cozen, and their daughter’s death benefits should go to them.
But in July, U.S. District Judge C. Darnell Jones 2d sided with Tobits, stating there could be “no doubt” that Tobits is Farley’s surviving spouse.
The judge also noted that an Illinois court declared Tobits to be the sole heir of Farley’s estate.
The Farleys appealed that ruling on Aug. 28, but two days later they withdrew their appeal.
On Aug. 29, the IRS ruled that all same-sex marriages must be recognized for federal tax purposes, regardless of where the marriage took place.
But Thomas Ciesielka, a spokesperson for the Farleys, said that ruling didn’t cause the Farleys to withdraw their appeal.
Tobits couldn’t be reached for comment at presstime.
Christopher F. Stoll, an attorney for Tobits, said she’s pleased the litigation has ended.
“Nothing can ever make up for Jennifer’s loss, but this case resulted in a very important decision — the first of its kind — recognizing that private employers must provide the same retirement-benefit protections to the same-sex spouses of their employees as they provide to other spouses. It’s unfortunate that litigation was necessary for Jennifer and Ellyn’s marriage to be respected. But it’s gratifying to see that justice was served.”
Ciesielka issued a statement on behalf of the Farleys.
“While the Farleys disagree profoundly with [Jones’] ruling, they have decided to forgo further legal procedures related to their daughter’s retirement-plan benefits. The Farleys did not seek this lawsuit, but once brought into court, they vigorously defended the wishes of their daughter with regard to her estate plan. The family requests that their privacy be respected as they continue to mourn the loss of their daughter, who was taken from them many years too soon.”
The case was adjudicated in Pennsylvania because Cozen is headquartered in Philadelphia.