Legal Question in Family Law in New York

Distribution of a 3/4 disability pension during divorce

I am a retired NYC employee who was injured on the job and currently I draw a 3/4 disability pension. my wife and I are separated (though not legally) and I have been living on my own for several years. I have 2 children both over the age of 18. (I just wanted to give you background.) Question: In the event I file for divorce, does my wife have any legal rights to a portion of the disability pension since I was injured during the marriage? Thank you in advance for any answer you can provide.


Asked on 9/29/01, 11:16 am

1 Answer from Attorneys

John Hayes The Law Office of John M. Hayes

Re: Distribution of a 3/4 disability pension during divorce

In the context of matrimonial actions {divorce} and equitable distribution of assets, spouses certainly do have certain rights / claims to "shares" of pensions. The calculations for determining the dollars & cents value of those rights / claims can be very complicated.

You would be well advised to inquire of your local bar association as to whether there is a referral program available &, if so, you would be wise to have a consultation with an attorney well-versed in those issues / calculations.

Put otherwise: stated most generally & broadly, the answer to your question is YES; you ought to learn more about just how much that 'yes' may be worth.

Good Luck.

Regards, etc.,

J. M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 11/13/01, 8:26 pm


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