Legal Question in Family Law in New York
pension
If my ex husband retires and in my divorce decree it states that Iam to recieve one--half times the formula set forth in Majauskas vs. Majauskas and he got married again and they have a child , am I still entitled to any monies? Also , what if I were to remarry?
3 Answers from Attorneys
Re: pension
Yes. Majauskas calculation of a pension is equitable distribution and not maintenance. It does not end upon remarriage.
Mike.
Re: pension
Your share of the pension is an award of marital property, and as such, it is not subject to modification nor can it be terminated, except as provided in your divorce agreement.
J. Douglas Barics
Re: pension
As you can see from the answers by Mr. Markowitz and Mr. Baris you are still entitled to the money as set forth in the Divorce Decree.
However, the Divorce Decree must be reduced to a Qualified Domestic Relations Order (Quodro) which must be signed by the judge, and served upon your husband's employer so that the monies come directly from the employer and not to your ex. You must do this as soon as possible so that your ex doesn't drain the pension plan or make some other arrangements for distribution.
A qdro is necessary to protect all of your rights.
This should be done by a lawyer.
If you would like to consult with us, please feel free to contact me.
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