Legal Question in Family Law in New York

financial entitlement

I have been married for the past 26 years. I have worked throughtout the marriage and assumed all of the household expenses other than monthly maintainence of $600 and cable tv. Because of this my husband has been able to save quite a bit of monies for retirement. Presently everything is in his name with me as a beneficiary. I have 2yrs and 4 months to retire at 62 and since I have only worked at my current position for 6 years I will not be entitled to a pension with my firm. Their policy is 15yrs before a pension. Am I legally entitled to share in my husbands savings and have my name added to all accounts


Asked on 6/12/02, 3:01 pm

4 Answers from Attorneys
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: financial entitlement

Yes, with your long term marriage, you are entitled to a portion of his retirement. Your name should be put on the accounts, so you don't have to resort to a court battle.

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Answered on 6/12/02, 3:36 pm
Daniel Clement Law Offices of Daniel Clement

Re: financial entitlement

The pension and savings in your spouse's name are marital assets. You will be entitled to equitable distribution.

Daniel Clement

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Answered on 6/12/02, 5:14 pm
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: financial entitlement

The concept of marriage is today is an economic partnership, in which we share income and assets, as well as losses and liabilities.

If your partner is not forthcoming about sharing his assets with you, you may wish to consider a divorce, in which case you would be entitled to Equitable Distribution.

Please note that without a divorce, there can be no equitable distribution.

If you wish to discuss this with me privately, please call to schedule a confidential consultation: (516) 741-7799

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Answered on 6/13/02, 5:57 am
Harry Scaramella Harry M. Scaramella, Esq.

Re: financial entitlement

Under New York State law, you are entitled to equitable distribution of all marital assets. A marital asset is one which was acquired while you are married. In order to invoke the equitable distribution, you have to divorce your husband and then argue your entitlement to the distribution.

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Answered on 6/17/02, 1:12 am


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