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Can Pension Plans Be Divided?

April 26, 2017divided Pension plans

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Can Pension Plans Be Divided?

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Pension plans of either party, vested or non-vested, may be divided. The court uses one of two ways to do this. The two ways are: • Current value. The court estimates the current value of the pension, using statistical projections. Then it awards the non-employee spouse a portion of that value in cash. • Actual distribution. The court decides what portion of the pension the non-employee spouse should get. Then, when the pension is actually distributed, the non-employee spouse gets that portion of each payment. Cases: Berrington (1991) 598 A.2d 31, 409 Pa.Super. 355 (awarding pension benefits). Email this page on to a friend. Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More… Click here to go to top Pennsylvania divorce law page. Click here for the Pennsylvania divorce legal table of contents.