Legal Question in Family Law in New York
NYS separation settlement
My husband wants me to relinquish my rights to his civil service pension by signing a spousal waiver Is it customary to have this in an agreement? We've been married for 5 years.
Asked on 1/17/09, 9:27 pm
2 Answers from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: NYS separation settlement
A pension earned during the years of marriage is considered marital property.
Like any other marital property it has a value that may traded, waived, or received.
It is customary to account for the pension in the separation agreement. Whether the marital assets is traded, waived or received you be your decision.
Mike.
Answered on 1/18/09, 1:42 pm
Kristen Browde
Browde Law, P.C.
Re: NYS separation settlement
It can be part of an overall settlement. But there's nothing that says it has to be.
Answered on 1/17/09, 9:45 pm
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