Legal Question in Wills and Trusts in Pennsylvania

My spouse and I are seperated for 7 years, and if my spouse dies would I receive his pension, from the 18 years of marriage?


Asked on 7/11/12, 1:15 pm

1 Answer from Attorneys

Not necessarily. Pensions are usually non-probate beneficiary designated assets. So the designated beneficiary will get the pension. The problem is that your husband may try and change the beneficiary. Maybe he will not be able to if there is a requirement that you have to consent, but he could falsify your signature.

My advice would be to see a divorce lawyer now and not rely on probate and pension law to save you. If you commence divorce and equitable distribution proceedings, you may be able to get what is called a QDRO (qwa-dro - or Qualified Domestic Relations Order) addressing the pension. Your share will be separated out and your husband will not be able to change the beneficiary.

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Answered on 7/11/12, 8:54 pm


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