Legal Question in Family Law in New York

We have been living apart and not legally separated for approximately 15 years from my spouse, I am 58 and he is 61. I am entitled to half of my husbands pension,. I have 2 questions,

1. I don't know if his collecting his benefits 414 and Pension from NYC transit Authority, How can I verify if he is collecting?

2. If he is collecting? Am i entitled back pay? If he has no intention of divorce, How do I go about collecting my benefits?


Asked on 6/07/10, 6:27 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

An equitable share of pension benefits may be awarded on divorce and not on an unrecorded separation. I would suggest that you file for divorce and proceed with filing for your equitable share of his pension benefits -if any.

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Answered on 6/08/10, 4:03 am


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