Legal Question in Family Law in New York
my pension
how many years do i have to be married before my wife is aloud to get my pension ?...( with and without children)
Asked on 6/23/09, 10:57 am
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: my pension
Pension is marital property. Therefore, technically, the spouse would be entitled to a percentage of the pension upon date of marriage. However, the spouse would not be allowed to take the entire pension, just a percentage of the marital portion. For example, if married 2 years and in pension 4 years, wife would not be entitled to 50% of pension. Rather, wife would be entitled to the pension while married (2 years) multiplied by 50% (marital portion), or 25% (1 year) of pension.
Mike.
Answered on 6/23/09, 11:39 am
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