Legal Question in Family Law in New York
My husband wants a divorce and we have been married for 8 years and he has been at his job for 25plus years..... we have two children...
my question is will i as his wife for only 8 years get half of his retirement? regardless to say we have not been happy for over 5 years and he is happy with another person now, we have decided to remain under one roof to help with the bills and for the children, however it is not working out at all, i cant stand to know he is in love with another person and she makes him happy. i told him if he leaves he is going to pay me half of his salary period. i do not think i will give him a divorce, can any judge make me divorce him?
1 Answer from Attorneys
my question is will i as his wife for only 8 years get half of his retirement?
A. No. You will receive a percentage of his pension. In other words, you will receive equitable distribution of the 8 years that you have been married while he was employed - not the full 25 years.
i do not think i will give him a divorce, can any judge make me divorce him?
A. Yes. New York now has a law where the husband (or wife) do not need to prove grounds to get a divorce.
Mike.
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