Legal Question in Family Law in New York
Majuskas
Is my ex wife entitled to my retirement if she remarrys? It is ordered as Majuskas in our divorce papers but does not state whether she is entitled if she remarries.
Asked on 3/22/07, 4:01 am
1 Answer from Attorneys
Phroska L. McAlister
PHROSKA LEAKE McALISTER
Re: Majuskas
Yes. Notwithstanding your Ex's remarriage, she remains entitled to receive whatever "Equitable Distribution" of retirement benefits per Majuskas, that may be included in your Divorce Judgment.
It is spousal support, maintenance, or "alimony" that is (usually) set to end, upon a spouse's remarriage, NOT a spouse's entitlement to distribution of retirement benefits, earned or accumulated during the marriage.
Good luck,
Answered on 3/22/07, 3:16 pm