Legal Question in Family Law in New York

Re: pension an 401k plan

As part of the process of "equitable distribution" that is a component of divorce in NYState, wives/husbands do have certain rights to pension plans, or certain "identifiable" portions or shares of pension plans. The methods of calculating just how much such right {or "claim"} a particular wife/husband might have in a particular case can often be Very Confusing & Complicated.

It is probably fair to state, as a general proposition, that there are few, if any, circumstances such that a wife/husband could assert a claim to "all of it".

I recommend you contact the local bar association in your county to ask if there is a referral program and that you try to follow through with a consultation with an attorney with some specialized experience in valuing these claims.

It will almost certainly be worth whatever it might cost by way of a one-time consultation {imagine something in the $100 range as likely possible} to get a grip on what the "likely" value of your wife's claim might be, in the real world {not to mention the extra benefit obtained by being able to Better Educate HER on the issue}.

Good luck.

Regards, etc.,

JMHayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<