Legal Question in Family Law in New York

Pension is a marital asset subject to equitable distribution under the formula set forth in Majauskas v. Majauskas. Simply put, the formula is:

The numerator is equal to the number of months from the date of the marriage until the date of the commencement of the divorce action.

The denominator is the total number of months during which the pension benefits accrued to the date of his retirement.

The resulting fraction shall be multiplied by Fifty (50%) percent (or equitable distribution) for the non-pension owner's share of the marital portion. The resulting percentage shall be the percent of the total gross pension benefit due to the non-pension owner.

Mike.