Assignment of Municipal Pension in Divorce

The anti-alienation provisions that protect municipal pensions from attachment only apply while those funds are in the possession of the pension fund administrator, and so a post-nuptial agreement in which a spouse agreed to waive her rights to her husband’s pension, and to transfer those benefits after receiving them from the administrator, was legally enforceable. Estate of Michael A. Benyo v. Breidenbach, ___ Pa. ___, ___ A.3d ___, No. 90 MAP 2019 (Pa. 7/21/2020).

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