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RONB-ESQ
RONB-ESQ, Lawyer
Category: Family Law
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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I have a pension coming to me and im separated and dont want

Customer 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
Submitted: 9 months ago.
Category: Family Law
Expert:  RONB-ESQ replied 9 months ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

Expert:  RONB-ESQ replied 9 months ago.

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?

Expert:  RONB-ESQ replied 9 months ago.

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.

Expert:  RONB-ESQ replied 9 months ago.

I thought I would give you a heads up that I will be logging off in about 15 minutes. I will be back online about 1:00 PM CST tomorrow and can respond to anything you post at that time if you don't reply here in the next few minutes.

Expert:  RONB-ESQ replied 9 months ago.

Hello again,

I wanted to check in with you and confirm that you did not have any further follow up questions for me from the answers I provided to you on the 28th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received a rating. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can go directly to my page for future questions by going here: http://www.justanswer.com/law/expert-ron-b/?rpt=3800

Regards, Ron

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