When I retire does my husband have any legal claim for halve of my pension, We are currently not living together. We live in Pennsylvania
1 Answer from Attorneys
Thank you for your inquiry. I assume the question is related to a possible divorce.
Marital property is defined as property acquired from the date of marriage to the date of separation or any increase in value during that time.
So, whatever portion of the retirement was earned during that time is marital and would be part of the estate to be divided. Pa uses equitable distribution to divide marital assets and the division is based on many factors. Each asset is not necessarily divided. Rather, the estate is divided which could mean you get the entire retirement offset by something else.
I trust this answers your question but feel free to contact me on a free initial basis.