Legal Question in Family Law in Maryland

Yes, unless you signed a separation agreement with her that says otherwise. When you are separated, you are still married.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******

Maybe in Maryland; maybe in Georgia. I'm a California lawyer, and our laws are decidedly not the same, including the major distinction that we are a community-property state.

However, I would say that most jurisdictions have "legal separation" in their statute books to provide an alternative for couples that, for religious or other reasons, would rather end Caesar's part of marriage without trying to un-do God's. Consequently, these laws allow couples to unplug from each other financially in all respects without going so far as ending their marital status.

Thus, in California at least, a separated wife would have no claim on her husband's post-legal separation earnings. What is more, she would have no claim on your earnings back to the date you last lived together, even if it took months or years for your separation case to make its way through the courts.

I'd say the same would be true of the value of your pension. Legal separation should cut off the spouse's interest in increases in its value due to post-separation raises, and the like.

Again, I'm speaking about California law, but before you accept a contrary view as accurate, you'd better get another (Maryland) opinion.