Legal Question in Family Law in New York
Pension after divorce
Is an ex-wife entitled to a portion of the pension the husband receives from his employer? (not 401k)
2 Answers from Attorneys
Re: Pension after divorce
If the pension was earned or increased during the marriage, yes.
Re: Pension after divorce
The wife is entitled to equitable distribution of the pension under the formula set forth in Majauskas v. Majauskas by means of a (Qualified) Domestic Relations Order.
Under Majauskas, a fraction is calculated whereby the numerator is equal to the number of months from the date of the marriage until the date of the commencement of this action, and the denominator is the total number of months during which the pension benefits accrued. The resulting fraction is multiplied by 50% (or whatever the amount is for equitable distribution) for the Wife�s share of the pension.
Mike.
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