Legal Question in Family Law in New York

Re: Pension Payments for Ex-Spouse

Pensions are divided by a document known as a QDRO (Qualified Domestic Relations Order) which is signed by a judge, most often at the time the divorce is granted. If there is no QDRO, there is no "automatic" split of the pension.

Re: Pension Payments for Ex-Spouse

Don't assume that there is equitable division of the pension if the issue is not raised in the settlement agreement.

Nevertheless, equitable distribution of a pension is generally calculated under the law set forth in Majauskas v. Majauskas, 61 NY2d 481 (1984). The calculation is from a fraction the numerator of which is equal to the number of months from the date of the marriage until the date the summons for the divorce is filed, and the denominator of which shall be the total number of months the pension benefits accrued to the date of retirement. That percentage is divided under equitable distribution (generally this is 50%).

So, for example, total months of marriage is 2 months, total months of husband's pension until retirement is 4 months, the fraction is 2/4 or 50%. If the pension is $100, 50% or $50 is subject to equitable distribution. If equitable distribution is 50%, wife is entitled to $25.

Mike.