After 8 years of marriage, is my ex-husband entitled to half my pension?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

After 8 years of marriage, is my ex-husband entitled to half my pension?

We were separated during that time for 3 years but have been living together since. If we divorce now, is he entitled to half?

Asked on February 28, 2012 under Family Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you live in a community property state, community property is property acquired during marriage.  This also includes income during marriage.  Each spouse has a one half interest  in the community property.

Separate property is property acquired before marriage or after the marriage ends.  This also includes income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

That portion of your pension which represents income during marriage is community property.  Your spouse would only have a one half interest in that portion of your pension.  Your spouse would not have any claim to that portion of your pension representing income before marriage or after the marriage ends because that would be your separate property and your spouse has no claim to your separate property.

If you don't live in a community property state, other rules may be applicable.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption