QUESTION

Am I entitled to half my spouses pension after 20 yrs. of marriage

Asked on Feb 15th, 2016 on Divorce - Pennsylvania
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Bankruptcy Attorney serving Collegeville, PA at Nahrgang & Associates, P.C.
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Marital property is defined as property acquired from the date of marriage to the date of separation.  That includes any increase in value of assets that are premarital.  There is no specific percentage assigned for asset division.  Rather, it is on a case by case basis based on numerous factors such as income, earning capacities, and any separate assets.  So, if the pension was started after the marriage began, it is all marital until separation.  Otherwise, only the increase in value during the marriage is marital.  Also, unlike community property states that divide each asset, PA looks at the marital pot and divdes it in the most equitable manner. Accordingly, one such division could provide that your husband have all the pension, or you have all the pension, and the other party has more of other assets. I trust this answers your question, and if you are in the Delaware Valley, feel free to call or e-mail on a free initial basis. 
Answered on Feb 16th, 2016 at 6:05 AM

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