Asked in Social Security, Divorce and Family Law for Pennsylvania

Q: Been married 40 years need to leave and my husband has disability and pension for income I said I need half to move out

He said he will only give me half pension he said he will not give me half of disability income it's against law is that true

1 Lawyer Answer
James L. Arrasmith
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  • Social Security Disability Lawyer
  • Sacramento, CA

A: In general, disability income is considered separate property and not subject to division in a divorce. However, the laws vary by state, and it's best to consult with a family law attorney who can advise you on your specific situation. Additionally, pensions and other retirement accounts acquired during the marriage are often considered marital property and subject to division in a divorce. Again, the laws vary by state, and it's important to consult with a family law attorney who can provide guidance on your specific situation.

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