Family Law Questions? Ask a Family Lawyer Online.
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I am sorry you find yourself in this situation and sometimes the law does seem unfair when a spouse that brings about the downfall of the marriage can also make some legal claim on your pension.
Could you tell me how long you have been married and how long you have been separated?
Question: I have a pension coming to me and im separated and dont want my husband to get any of it how can i keep him from getting it?
In Pennsylvania you are either single, married or divorced. There is no legal recognition of separation, but you can prepare a separation agreement that will be binding on both parties. If he is aware of the pension then it is unlikely that he would just agree to not lay claim to it, but I don't know what other marital assets you have. I had a case where the husband felt so guilty that he basically agreed to everything in the divorce I filed partly because he wanted to marry the new "fling" and couldn't until he completed the divorce so it is always possible that he might agree to a binding agreement that says each side just gets to keep their own pension. If you could get that then file for divorce and use the binding settlement agreement as the basis for the final order in your divorce.
You should consult with a local family law attorney and you can probably meet with one for free if you go to findlaw.com or avvo.com and use the search for attorney function to locate one near you. Most will meet with you for 30 minutes for free and then you would better know your rights and how best to protest your interest in the pension. Part of it depends on when it vest and when you become entitled to payment. I would guess that if you just file the typical divorce then through normal financial disclosure he and/or his attorney would become aware of the pension and then it would be subject to him taking a portion depending on your overall marital property and debts.
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