Legal Question in Family Law in New York

Pension rights post divorce settlement

My ex-husband and I were divorced 5 years ago. In the divorce decree I signed off from his pension from the company he had worked for 25yrs through our marriage. He has now worked there 30yrs. Am I able now to reverse my decision, and go for my entitled portion of his retirement. I have been told this may be possible through the Majauskas Law. We were married for 25yrs and divorced in NYS. I have since remarried and live in Florida. Thank you in advance for your advice.


Asked on 1/14/06, 9:50 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Pension rights post divorce settlement

If you waived or "signed off" from your Ex's pension at your divorce, 5 years ago, it is likely the waiver will stand.

Unless you can show fraud, misrepresentation, that you were under a disability, or some other circumstance supporting a claim that your "waiver" "was not really a waiver," there is nothing in the case you referenced that would form the basis for "reforming" your Stipulation or Agreement and Court ordered divorce judgment.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 1/14/06, 11:39 pm


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