Legal Question in Family Law in New York
My husband prepared a legal separation agreement in which he wants me to sign a spousal waiver concerning his NYS Civil service pension and private pension. What am I entitiled to??
In addition, I recently discovered that he changed the beneficiary distribution on his state pension 3 years ago - he removed me as sole beneficiary and reduced my share to 10%. Is he allowed to do this? Thank you for your help!
1 Answer from Attorneys
What you are entitled to with regard to a pension is a matter for negotiation. The underlying principle in the law is that a pension benefit is the same as any other thing of value acquired during a marriage: it is considered marital property (meaning joint property), and thus is something that gets dealt with in the equitable distribution process.
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