You are not responsible for the criminal acts of your spouse, done without your encouragement, participation, or even your knowledge. He is not a child for which you might be responsible for his bad behavior.

Your retirement is governed by law, mathematically, considering the number of years you worked in order to be entitled to retirement pay, and the comparative number of years your husband was with you during those accumulated work years. Also, his ability to draw his share out of your retirement is governed by your age, not his, as to vesting. (For example, many plans vest only at your age 65.)

Be that as it may, you should, if you are justifiably inclined, file a petition for divorce, alleging specifically that your husband did a criminal act that has caused great financial liability, and is attempting to use your hard earned pension to pay off his criminal debt.

A family law court, like any court, has wide latitude as to what it can do by way of fashioning an appropriate remedy to reward and punish various people involved. Let the truth be known to the court, then let the court, in its most unfathomable and often mystical deviousness, prepare a just reward for the just (you) and a fit punishment for him.

For example, there's alimony, there's property division, there's leverage in his case with criminal proceedings, and so on.

If he has a lawyer, don't omit getting one yourself. It will be money well spent.