Legal Question in Family Law in New York

Re: Diability Pension & Divorce

Unfortunately, not too many attorneys are familiar with police/fire pensions (including "firehouse lawyers").

I am not only an attorney, but an active police captain in New York City, so I am familiar with the NYC Police Pension system. I believe that your pension is similar. If it is, your spouse will only be entitled to her equitable share of your regular pension had you not become disabled. You can subtract that amount from your disability pension to determine your share. You will find that your pension is significantly greater than had you retired with a regular pension.

Re: Diability Pension & Divorce

I agree with Atty O'Donnell's answer.

However, you should remember that "what is written in the divorce" or what is otherwise agreed to or "intended" by the parties, can be enforced by the Court, in a way that could circumvent the "protected" disablity portion of your pension.

Good luck,

Phroska L. McAlister,ESQ

Re: Diability Pension & Divorce

I am in general agreement with the two previous attorneys, and particularly with the caveat that the interpretation of "what is a pension that the spouse is entitled to" is very dependant on the wording of your stipulation or agreement. However, the basic principle at work here is that personal injury awards are exempt from equitable distribution and a disability pension is largely a personal injury award. Because the courts are frequently faced with this situation, they have decided that they will determine what portion of the disability pension is due to the injury and what portion is due to the number of years worked. This is a factual determination based on your particular pension plan. Contact your plan administrator who should have experience with this.