Question #125:Hi, My mother is has been married for over 46 years but has been separated for over 22 years. My question is would she be entitled to his pensions; he worked two jobs for over 35 years. If yes, at what percent. She is thinking of getting legally separated. Thank you.

Until she enters into a legal Separation Agreement, although she has been separated for 22 years,
she is still considered married and has an interest in her spouses pensions. Certainly for the period during which they were living together, approximately 24 years, she should be entitled to 50 percent of the pension earned during that period.
If she is in the New York City metropolitan area, I strongly suggest that she call me at 212-370-1660 to discuss mediating the separation and getting a divorce and legalizing her informal separation.

Leonard M. Weiner, Esq./Divorce Solutions