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