Is my husband entited to half of my pension if it was accured before marriage?

I have a short time to cash out lump sum on this pension. Do I have to have him sign anything? We are getting a divorce.

Asked on July 28, 2012 under Family Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states with respect to separate property and marital property, the pension that you accrued before marriage would be your own separate property where your spouse would not have a legal right to in the event of a dissolution.

As a safeguard, in getting the marital settlement agreement and judgment concluded, specifically state in the documents that your pension is your own separate property before the document is signed and dated by all parties.

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