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Do I have to give a percentage of my pension to my husband if I earned the entire amount before I married him?

Q: I worked for AT&T from 1973 to 1985. I have just received notice of a small pension ($446/mo). I married my husband in 1992. Fidelity is the Pension Manager and is insisting that my husband is entitled to half of my pension or I must get a waiver. But, I earned the entire pension before I met him.
We have three children ages 19, 17, and 17. My husband has made it clear he does not plan to stick around after the children are through college.
I am 65. He is 55.
My parents have passed away. I have kept my small inheritance from them separate from the household funds.
His parents are living, but he stands to inherit a significant amount when they pass.
I am afraid he will take half of everything I have, leave and then dissolve the marriage.

Thank you in advance for whatever advice you can offer.

A: David’s Answer: Your husband would only theoretically be entitled to half in the event a divorce is filed & he’s awarded half in the divorce case. That said, from what you’ve related, it appears the pension is your separate property & he’d have little shot to share in it even in the event of a divorce. Schedule a consult with a Westchester Divorce attorney for a full assessment.

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