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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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I live in the state of pa currently In my first marriage I

Customer Question

I live in the state of pa currently
In my first marriage I was married to a NYC police officer who was killed in the line of duty and I receive a widows pension from the city on ny. After my first husbands death I remarried at which time I had my pension. Now my second husband wants a divorce.
Is my second husband entitled to any of my widows pension from my first marriage in the divorce?
Submitted: 7 months ago.
Category: Family Law
Expert:  LegalGems replied 7 months ago.
I am sorry to hear this; The good news is that pensions are considered a person's separate property, as they are not acquired during the marriage; the monthly payments may be distributed during the marriage, but the right to the pension occurred prior to marriage. For payments paid out during the marriage, they can be transmuted to marital property by commingling- mixing marital and nonmarital property to such an extent that it is no longer recognizable. As to those payments, the court may treat them as marital property, and has jurisdiction to "equitably" divide them. Equitable division means fair and just, which is not necessarily equal. These are the factors to be considered according to statute:(1) The length of the marriage.(2) Any prior marriage of either party.(3) The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties.(4) The contribution by one party to the education, training or increased earning power of the other party.(5) The opportunity of each party for future acquisitions of capital assets and income.(6) The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.(7) The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker.(8) The value of the property set apart to each party.(9) The standard of living of the parties established during the marriage.(10) The economic circumstances of each party at the time the division of property is to become effective.(10.1) The Federal, State and local tax ramifications associated with each asset to be divided, distributed or assigned, which ramifications need not be immediate and certain.(10.2) The expense of sale, transfer or liquidation associated with a particular asset, which expense need not be immediate and certain.(11) Whether the party will be serving as the custodian of any dependent minor children. http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.035.002.000..HTM Thank you for using Just Answer.I hope the information I provided is useful. If you need further clarification please post here and I will reply as soon as I see it; otherwise, Kindly-Rate Positively-This does Not result in additional charges to the customer and allows the site to credit me for assisting you today.Thank you and take care!No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.
Expert:  LegalGems replied 7 months ago.
Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site:http://apps.americanbar.org/legalservices/lris/directory/Should you have further questions please post here; otherwise kindly--- Rate Positively--- so the site credits me for assisting you.Thank you and take care!