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Any pension, military, public or private, may be considered an asset of the marriage and subject to division by agreement or by the Court; however, Pennsylvania law does not require that any pension or any other asset be mentioned in or made part of your divorce.

In a simple, low-cost, uncontested, no-fault divorce, it will be up to the two of you to decide what, if anything, will happen to the pension; however, if the divorce becomes final and there is nothing official in writing concerning sharing the pension, then the pension would become the sole and exclusive property of the party in whose name the pension is. Of course, the pensioned party could volunteer to share it, but it would not be enforceable in Court if not formally agreed to in proper documentation.