Legal Question in Family Law in New York

After our divorce, my ex will retire. Since we're divorced before he retired, he took me off as a beneficiary but we've been married together for 15 years and we live in NY. Since he is now claiming a single life annuity for his pension of 30 years, am I entited to a part of his pension using the Majauskas formula?

Appreciate your words of wisdom. Thanks in advance.


Asked on 7/17/10, 3:48 pm

1 Answer from Attorneys

Joel Salinger Law Office of Joel R. Salinger

You should consult your attorney on this but the basics are that you should be entitled to up to half of his pension in a Qualified Domestic Relations Order. This should be done before you are divorced or you might be considered to have waived this.

If you are not represented and wish a free consultation, you can contact my office at 516-746-4747. If you are represented, you should immediately contact your attorney or if you are dissatisfied with your representation you can call me. You should think long and hard before changing attorney's mid case.

Joel R. Salinger

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Answered on 7/18/10, 12:46 pm


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