Legal Question in Family Law in New York

Military Pension division

My ex wife was awarded a portion of my military pension when I retire? I am still in the military ( Air National Guard) and have been promoted since my divorce. Is the payment to my ex wife based on my rank and time of service at the time of divorce or at the time of retirement? We did not specify any details of the payout except for the fact she receives a certain number of points from my Air National Guard pension when I turn 60. Thank you for your help.

Divorce was in New York State and we are both residents of New York State.

Thank You


Asked on 3/14/04, 3:27 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Military Pension division

It is most likely that the portion of your "pension," that your Ex is entitled to receive, is based on a formula that calculates the amount of her entitlment, upon the accumulated value of your pension during the marriage, divided by 2, TO THE DATE OF YOUR DIVORCE FILING, that ended in the divorce judgment.

You should have the formula specified in your judgment....;or in a post judgment Order concerning this matter, to avoid misunstandings in the future.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ.

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Answered on 3/15/04, 3:03 pm


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