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.
1 Answer from Attorneys
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. <-<<