[LindaOswegoNY48]

I've been legally separated for over 20 years. With my husband in his mid-60s, I'm thinking I should remain legally separated because I THINK I'll be able to get part of his pension & Social Security retirement income, plus half of his estate if he dies before I do. The kids will get the other half, I think. Am I right? My current income & income prospects are satisfactory for a happy life.

[joypulv]

If he dies first who gets what depends on what his will says first, and what the laws of his state are if he doesn't have a will. SS I'm pretty sure you will get although I'm not positive about the legally separated part (which goes by state law) and the pension depends on the pension. Don't forget you could die first.

[JudyKayTee]

Are you in NY? If so New York intestacy law (who inherits when there is no will) is: If there is a spouse and no children, all to the spouse. If spouse and children, first $50,000 to the spouse, then 50/50 between spouse and children (children of pre-deceased children assume their parents share."

Some of this depends on how the pension is set up - he collectss a larger monthly figure but the pension ends when he dies; he collects a smaller amount and you collect upon his death until your death.

You were married more than 10 years. You'll collect from his SS whether you are married at his death or not.

He also can collect from your estate using the same guidelines.

Does your separation agreement address the pension and Will?