Im seperated from my husband if we haven't divorced by the time I retire, is he still entitled to half of my pension?

Question

Im seperated from my husband; if we haven't divorced by the time I retire, is he still entitled to half of my pension?

Answer

Under Pennsylvania law, a party to a divorce is entitled to share in all marital property. "Marital property" is defined as all property, both real and personal, acquired, earned, or purchased by either party during the marriage up to the date of separation, except for gifts, devises, bequests, and inheritances which are considered the sole, separate property of the recipient spouse. Therefore, each spouse is entitled to share in the other spouse's pension which was earned during the marriage up to the date of separation.

Pennsylvania is an "equitable distribution" state. This means that the spouses will "equitably" share in all marital property upon divorce. But, "equitable" does not necessarily mean equal, so if the parties cannot agree on a division and ask the Court to divide the property, the Court might come up with a 50-50 share, or 55-45, 60-40, etc., whatever the Court deems "equitable" under the circumstances of each case.

Best of luck,