Legal Question in Family Law in New York

Re: Am I entitled to my husbands pension

The "general proposition" can be stated thus:

In NYState, a husband & a wife each has an equal right to an equal share of all the property that was accumulated / gathered during the course of the marriage: houses, cars, horses, stocks, bonds &, yes, pensions are among the kinds of property that are included {as in: her pension & his pension - - each has a "certain" right or interest in the other's}.

There are, of course, some exceptions & some "finely tuned procedures"; and a few "if's" "and's" and "but's".

It can all get a little complicated. You would be wise to consult with an attorney to learn more about this. It is very important stuff & worth getting a better understanding of it. A good starting point is the local bar association in the county where you live. Contact them and ask for their referral program. You should be able to arrange a consultation with an attorney experienced in these issues for a Very Minimal cost {and with no obligation}.

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. <-<<

Re: Am I entitled to my husbands pension

You may wish to ask the attorney who represented you in the divorce for a written opinion as to your rights to the pension, etc.

You may also wish to have the Judgment of Divorce and the Stipulation reviewed by experienced matrimonial counsel.

If you did not have independent counsel at the time of the divorce, you may have been penny wise and pension foolish.

I practice in NYC and Long Island. Please call me if you wish to schedule a consultation: (516) 741-7799

Re: Am I entitled to my husbands pension

In a word, yes. I can't tell you precisely what the split would be without more facts, but there would be a split. But, your pension would be split as well. In a divorce situation, all marital property is divided, and as long as the pension was earned while you were married, there would be a division.