Bushkill, PA asked in Divorce, Employment Law and Public Benefits for New York

Q: Can a husband, collecting disability, get an early pension, or lump sum pension, without his wife's signature? NY

He is in NY, she is in PA. They are married 17 years, have been separated for almost 2 years (not legally)

1 Lawyer Answer

A: Is there a divorce pending in either state? If so, this needs to be dealt with in the context of a divorce action. If not, typically the pension plan requires the agreement of the spouse when elections concerning the pension are made. However, if you're the wife, I wouldn't rely on that. No matter which spouse you are, you should discuss this with an experienced family law attorney in your area before taking further action.

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