Legal Question in Family Law in New York

Re: divorce and NY State Teacher pension

Yes, since there was no mention of the retirement, that issue needs to be addressed. An application to the court to address the pension is necessary. A Qualified Domestic Relations Order must be signed by a judge, this is what the pension administrator needs in order to distribute your portion of it to you. You can visit my site and I can help you. www.traceyabloodsaw.com

Re: divorce and NY State Teacher pension

IF, you did not "Waive" your share of your Ex husband's "retirement," and other employment benefits;

IF same were "inadvertently" omitted in your Final Divorce Judgment;

OR, your Divorce Judgment specifically "Reserved" these matters, for later consideration, you MAY be able, via Motion or Application, submit these "outstanding issues" to the Court for Determination.

HOWEVER, IF you are raising these matters for the first time, ten years after entry of your Divorce Judgment, you will likely have a very difficult time obtaining the relief you desire, in the Courts.

Grounds for Dismissal of such a Motion or Application, based upon the facts you presented, include, but are not limited to Waiver, Laches, Estoppel, "no necessity," Petitioner's "choice" to become a public charge, etc..

Also, please note: In NY an EX is NOT "entitled" to medical coverage, under their Ex Spouse's, Employer / Retirement Medical Insurance PLAN.

When the Courts do decide that Medical insurance coverage for an Ex, is "necessary or warranted," the Premium payments for the Separate privately purchased Medical Insurance Policy, usually are substantial and are ordered made, in the context of "spousal support."

Further, grounds for requesting spousal support after Waiver and several years of self support, require showing dire need to the extent that the EX is or will become a public charge.

Good luck,