QUESTION

Is spouse able to get my retirement if she committed adultery?

Asked on Sep 11th, 2014 on Divorce - Pennsylvania
More details to this question:
13 year marriage and last two years. She was sleeping with a man under my own roof. Can she still get her portion of my retirement?
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1 ANSWER

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
Probably. Marital misconduct is one of the factors in the Alimony statute, but I don't believe it is a factor in the Equitable Distribution statute. In other words the judge can give her less alimony for her affairs but not less property (i.e., pension, cash, etc.) for her misconduct.
Answered on Sep 15th, 2014 at 2:10 AM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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