Canmy boyfriend make me his pension beneficiary even if he is married but separated?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Canmy boyfriend make me his pension beneficiary even if he is married but separated?
Asked on December 27, 2011 under Estate Planning, Alaska
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your boyfriend lives in a community property state such as CA, community property is property acquired during marriage. This also applies to income earned during marriage. Each spouse has a one half interest in community property.
Separate property is property acquired before marriage or after the marriage ends. This also applies to income earned before marriage or after the marriage ends. A spouse has no claim to the other spouse's separate property. If the spouses are separated with no intent to reunite, income after separation is separate property.
The problem you will have is a legal challenge from the ex-wife regarding the pension. The portion of the pension that is the result of income during marriage is community property and she would be entitled to one half that portion of the pension during the years that she was married.
After separation with no intent to reunite, that portion of the pension would be your boyfriend's separate property and he can do whatever he wants with the separate property. So, if you are designated the beneficiary of the pension, it would only apply to earnings after he is separated from his wife with no intent to reunite.
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.