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Pennsylvania Divorce Law including alimony and child support. Pennsylvania Divorce Law... 

Pennsylvania Law - Can Pension Plans Be Divided?

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).

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