My husband and I live in Montana. He and I are in mutual agreement to separate. We own property, on which our house is located. When we married, he filled out paperwork that gave his approval for me to be the beneficiary of his pensions upon his death. He wants to stay in the house, and it would be beneficial to me to still be the beneficiary of his pensions. We have agreed upon this matter. If we "legally separate", will I still be able to be the beneficiary of his pensions upon his death, if/or/when that might occur? He wants me to be, and I want him to have our little home in which to live. We don't want to divide assets. We just need to live in separate domiciles. Will a legal separation prevent me from being the beneficiary on his pensions?
No, a legal separation, or even a divorce for that matter, would not prevent you from being the beneficiary on his pensions. He can have anyone that he likes be his beneficiary.
If the pension isn't a vested pension however. a divorce might prevent you from receiving any benefits after his death....however in that case no one except a legal spouse could receive any benefits.
However, it may not be possible to legally prevent him from changing the beneficiary on his pensions, should he choose to do so later.
I would suggest that if you are planing on not dividing any assets at this time, that you retain your ownership of the house and property where he will be living. That will afford you some protection should he change his mind.
Is a legal separation really necessary? You can separate without doing so legally.
